Patchell v. Groom

I concur in the result, viz., that descendants of living ancestors do not share in distribution among "all of my descendants then living per stirpes and not per capita." but I do not agree that the grandchildren of the testator constitute the stirpes or stocks of descent, in this case.

The majority opinion construes "equally among all of my descendants then living per stirpes and not per capita" as meaning "equally among my grandchildren then living per capita and the then living descendants of deceased grandchildren perstirpes." As the only grandchildren are two children of a son and two of a…