Davis' Estate

Bolger, J.,

— The exceptions raise two questions, viz: {a) Does the $25,000 trust fund created for Thomas Stellwagon Davis by the seventh item of the will fall upon his death without issue into residuary estate for the benefit of all residuary legatees, including the children of Howard Langworthy Davis; and (6) are the children of Howard entitled to participate in the distribution of Thomas’ share of residue under the eleventh item of the will?

As to the first question, nothing need be added to the opinion of the court in banc filed November 9, 1939, when this question was previously argued,…