In re the Construction of the Will of Ames

Collins, S.

This is a motion to strike out interrogatories noticed for settlement on an application for the issuance of a commission in a proceeding to construe the will. The question at bar concerns the right of an adopted child as issue of a deceased son of the testator to share in a gift of the remainder of the residuary trust.

The testator left the residue of his estate in trust for his wife for life and made provision for the disposition of the remainder upon her death in the following language: 11 Nineteenth: Upon the death of my wife, Blanche S. Ames, or if she shall not survive me upon…