In re the Accounting of Mulligan

Frankenthaler, S.

Testatrix gave certain cash legacies to each of her sisters (and one cousin) and other specific or residual legacies to each of her brothers. In the gifts to all but one of the male members she provided “ if he do [sic] not survive me, then to his children, share and share alike.” One of the brothers who predeceased the testatrix left him surviving no children, but three grandchildren, born of a child who died prior to both the legatee and the testatrix. The court is asked to construe the word ‘‘ children ’ ’ and to determine whether it shall be held to include “…