In re the Estate of Baumiller

Foley, S.

In this accounting proceeding a construction of the will is requested. The testator after creating a trust for the benefit of his wife so long as she might remain unmarried and his widow, provided as follows: “ Upon the death or remarriage of my said wife I direct that the same shall be divided equally to and amongst my five children, the issue of any deceased child shall take its deceased parents share.”

*816The testator died on April 23, 1901. He had five children. All of them and his wife survived him. One of his children, John, subsequently died on June 17, 1923, leaving a widow and…