In re the Estate of Vanderbilt

Joseph A. Cox, S.

The sixth article of the decedent’s will provided a trust of one half his residuary estate for the primary benefit of his widow and directed that upon her death the trust fund be divided into as many shares as there were children of the testator then surviving and one of such shares be continued in trust for the benefit of each such child. The fact was that the testator was survived by his widow and two children, a son and a daughter, both of whom have survived the widow. The effect of the foregoing testamentary direction was to create a primary trust of one half the…