Holyoke National Bank v. Kane

Decree affirmed. A testatrix (after money bequests to her two grandchildren) left the residue of her estate in trust to pay the income to her son, Harold, for life, with power to expend principal for him and to pay his funeral expenses, “and in the event of his death, if there is a balance . . . in . . . [the] trust, to pay over . . . the balance ... to my sister, Catherine.” The testatrix died in 1941. Harold was her sole heir. Catherine died in 1955. A child and more remote issue were her heirs. Harold died in 1961, leaving two children. The probate judge correctly ordered the balance of…