In re the Will of Arents

Foley, S.

A question of construction involving the disposition of the remainder of the trust created under paragraph tenth of the will of the testatrix has been raised in this accounting proceeding. By that paragraph the testatrix bequeathed the sum of $50,000 in trust to pay the net income thereof to her nephew, Lewis Ginter Young, during his life. She then provided: “ If my said nephew shall not survive me, but shall leave issue me surviving, then to pay over the principal of the *880said trust fund to such issue in equal shares per stirpes and not per capita, absolutely and forever; but if my…