In re the Estate of Winthrop

S. Samuel Di Falco, S.

Testatrix who died on December 8, 1926 created a trust of her residuary estate with the income payable to her son, Lawrence Johnston, during his lifetime. A nephew, Cleveland Livingston Waterbury, also known as C. Livingston Waterbury, was a vested remainderman to the extent of one twelfth of the trust subject to being divested in the event that the income beneficiary died leaving issue surviving him. Lawrence Johnston died on April 27, 1958 without leaving issue surviving him while the intermediate accounting of the trustee was pending. The trustee then filed a…