In re the Estate of Sparks

Varnum, S.

The application herein was heard by Surrogate Arnold and has now been submitted to me for decision. Decedent directed that a certain share of her estate be held in trust for her son William for life, and, after his death, the executors were directed to pay the remainder “ to the child or children of my said son in equal portions.” William prede*71ceased his mother, leaving him surviving three children, one of whom, a daughter, likewise predeceased the testatrix, leaving her surviving a son, the petitioner herein. It is contended, on a motion to compel the executor to account, that this…