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John Elder
John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience:  Over 14 years experience in Medicaid, Estates, Trust.
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In a relatives Codicil to Last Will, the following statement

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In a relative's Codicil to Last Will, the following statement was made in document:

"All the rest of my estate I give, devise and bequeath to Jane Doe, or her issue by right of representation in equal shares, in fee simple absolutely and forever."

Does Jane Doe receive estate for herself only, or does this mean that Jane Doe AND her issue (children) receive estate?
Welcome! Thank you for your question.

This means that Jane Doe receives the estate not specifically distributed according to earlier provisions of the Will. Jane Doe's issue do not receive any part of the remainder unless Jane Doe is deceased.

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