Angell v. Petersen

—Three days before he died of cancer, Theodore Scarborough Petersen, Jr., executed his will, by which he created a trust which has led to this appeal from an order instructing the trustee. Mr. Petersen had four sons. The eldest', Gary, was provided for in part of the will which is not in issue. He had two sons, Theodore III, age 12, and Scott, age 7, by a marriage which had terminated by divorce about four years prior to the making of the will, and one son, Paul, age 3, by his second spouse.

The testator relates in his will that at the time of the divorce, a property settlement agreement had…