In re the Intermediate Accounting of Ward

John J. Dillon, S.

In this accounting proceeding, the court is asked to determine whether Anne Ward, an adopted child of the decedent’s son, James A. Ward, is entitled to share in the remainder of the residuary trust created by article ‘ ‘ FOURTH ’ ’ of the will.

The will was executed in 1943. By article “fourth” the testatrix left her residuary estate in three separate trusts for the benefit of her three children for life, and provided that ‘ ‘ upon the death of each such child, the corpus of said trust for the benefit of such child shall be distributed in equal shares per stirpes among the…