Emanuel Teller v. Lee I. Kaufman and Jeane K. Susman

BLACKMUN, Circuit Judge.

In this diversity case we are called upon to construe the trust provisions, particularly Article II C(2), of the last will and testament dated February 27, 1957, of Nora Kaufman, deceased. Miss Kaufman, a single woman in her seventies, died in 1959 domiciled in Missouri and without issue. 1

When the testatrix’ will was executed in February 1957, there were then living (a) Lee I. Kaufman and Jeane K. Lewin (now Jeane K. Susman), the defendants here, who are children of Nora’s theretofore deceased brother Ben; (b) Nora’s older and unmarried sister Frances; (c) Nora’s…