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Testatrix(1)

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Testatrix(1)

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(1) It follows that, prima facie, the defendants would be liable at the suit of the testatrix 's personal representatives for the loss caused to her estate by their failure to advise service of a notice of severance.(2) Sister Nell Selby Fitzgerald predeceased the testatrix, leaving one child who also predeceased the testatrix .(3) I must look to the intent of the testatrix to be ascertained from the language of the Will, construed in the light of the facts known to the testatrix when she made the Will and at the time of her death.(4) In mutual wills cases they are a testator, a testatrix and an intended beneficiary or class of beneficiaries.(5) Thus, justice did not demand that these benefits, which were not intended by the testatrix to whom the defendants owed the duty of care, should be paid by the defendants.

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(1) It follows that, prima facie, the defendants would be liable at the suit of the testatrix 's personal representatives for the loss caused to her estate by their failure to advise service of a notice of severance.(2) Sister Nell Selby Fitzgerald predeceased the testatrix, leaving one child who also predeceased the testatrix .(3) I must look to the intent of the testatrix to be ascertained from the language of the Will, construed in the light of the facts known to the testatrix when she made the Will and at the time of her death.(4) In mutual wills cases they are a testator, a testatrix and an intended beneficiary or class of beneficiaries.(5) Thus, justice did not demand that these benefits, which were not intended by the testatrix to whom the defendants owed the duty of care, should be paid by the defendants.

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