In Re Estate of Austin

The facts were stipulated. William H. Austin died in September 1943. His will, made in February 1940, was probated and his widow by a second marriage (consummated in November 1940) was appointed administratrix with will annexed. By a prior marriage the testator had one daughter, Mabel Austin, who died in August 1940, unmarried and childless. Mabel’s mother died in March 1939.

Austin’s will bequeaths a life estate to Mabel, together with so much of the principal as may be necessary for her care and support, and provides that if he should marry, his wife shall receive -her distributive share in…