In re the Application to Compel an Accounting of Breedon

We are to determine whether the corpus of the trust fund, set up by the “ Ninth ” paragraph of testator’s will, remaining after the death of the life beneficiary (Mary Agnes Merry) vested in testator’s children at his death or at the death of the life beneficiary.

The first direction and bequest of the “ Ninth ” paragraph is that at the death of Mary the fund “ is to be taken by my said wife, if living, and by my surviving children, share and share alike.” Thereunder in clear terms the bequest to the wife lapsed if she had predeceased Mary, and her estate took no part of the remainder. The…