Magill v. Magill

This is a petition for instructions as to the distribution of a trust fund created by the will of Helen Twining Magill for the benefit of her granddaughter, Maud Helen Magill, which upon the death of the latter without issue was to go to “the then living members of her [Maud’s] father’s family.” The Probate Court instructed the trustee to pay one third of the fund to her brother William S. Magill. He appealed, contending that he was the only one of his father’s family who survived Maud and that he was therefore entitled to the entire fund.

The testatrix, after the death of her husband in 1884,…