Whitman's Estate

Opinion by

Mr. Justice Barnes,

Lavinia F. Whitman, a widow, died on March 30, 1900. Her will is dated June 18, 1894. At the time her will was executed her lineal descendants were her unmarried son, John Fanning Whitman, and a minor grandson, Henry Albert Stevens. The son did not marry until twelve years after his mother’s death. His marriage to Anna Whitman was not a happy one, as the parties lived together but a short time before a separation took place; they continued to live apart until his death. No children were born of this marriage.

By the terms of her will, the testatrix provided for her…