In re the Construction of the Will of McCoon

George Frankenthaler, S.

In this construction proceeding the court is asked to determine whether distribution of a trust remainder should be made per stirpes or per capita. Testatrix died in 1928. Paragraph Eighth of her will created a trust for the benefit of her daughter for life, and upon her death ‘ ‘ to pay over the net principal thereof to the issue of my said daughter, Carolyn Frances McCoon, in equal shares, absolutely and forever.” The life beneficiary died in 1955, survived by a daughter and the latter’s infant children. Two of these grandchildren were then in being and the third, en…