Denis left his residue to be equally divided among the four children of his late sister Catherine; each child was named in the will. One of the children died without issue before the testator's death. The executors wanted to distribute the residue to the three remaining children as members of a class. Other heirs claimed that the dead child who died intestate should have his share distributed to them. The court found that intention under the will to devise to the class. This appeal resulted.

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