Paine's Estate

.Bok, J.,

The provisions of the will which require construction are quoted in the opinion of Judge Gest in Paine’s Estate, 13 D. & C. 629. The facts now are the same as then, save only that Edward J. Paine, last surviving son of the testator, died on July 7, 1934. As the son was alive when Judge Gest wrote his opinion, he necessarily forebore to decide the present question, namely, the disposition of the estate in remainder. His opinion, however, furnishes a guide to the final answers to the questions stated in the petition for a declaratory judgment. It also forms the law of the case relative…