In re the Estate of Cuddeback

Taylor, S.

This trust fund is now ready for final distribution and the trustee asks for a construction of the following paragraph of clause "Third ” of the decedent’s will: “ Whatever part of said fund may, at the death of said George Cuddeback, be remaining, upon that event, I give to his children if he leaves any. Should he die childless, I give and bequeath such residue in equal shares to my children, Henry and Martha, if living, or to their issue if then dead in equal shares per stirpes.”

Margaret Cuddeback, whose will is brought in question, died prior to March 16, 1898. George Cuddeback,…