In re the Estate of Rust

O’Brien, S.

The 4th paragraph of decedent’s will reads as follows: “ 4th. To the children of my niece Ellen Kennelly I give each one hundred ($100) dollars, this amount to be held in trust for them until the youngest surviving child reaches the age of twenty-one (21) years, and in case of the demise of one or more of the children, the amount to which they would be entitled is to apply and be divided equally between the surviving ones.”

A question of construction of this paragraph has been raised by the accountant who contends “ that it suspends the vesting of title in property for more than two…