Welch v. Phinney

This is a petition by the trustees under the will of Abby W. Pearson for instructions about the distribution which they should make under article Sixth upon the termination of the trust established by article Fourth by reason of the death of the last survivor of all the income beneficiaries named in that trust. Article Sixth reads in part, "And . . . upon the decease of . . . [here the income beneficiaries were described^ then to . . . pay over . . . the principal ... to and among the issue then living of my said nephews and said niece, per capita and not per stirpes” (emphasis supplied). The…