In re the Estate of Franks

Wingate, S.

The present proceeding by a substituted trustee, while designated as one for construction of the will, is also, in substance, alternately for advice and direction.

The will in question was probated in 1870, and directs that the remainder be divided into as many shares as testator shall leave surviving children, one share being held in trust for each child, with income payable to it for life and remainder to its issue. According to the uncontroverted allegations of the petition, the testator was survived by seven children, six of whom are now dead, the sole survivor being Elizabeth…