Schneider v. Welch

Appellant contends that the will makes no provision for distribution of the trust estate in the contingency in question and, therefore, in that contingency there is a partial intestacy which requires that distribution of the residue be made to the testator’s heirs at law, — himself and Janet, — equally. He points out that the only express provision for Janet in paragraph Sixth is that she shall have the income of the trust fund for five years after the testator’s death, if she lives so long, and he asserts that the construction of paragraph Sixth by the trial court results in an enlargement…