Hirsh's Trust

Ladner, J.,

After a careful examination of the record, adjudication, and briefs, we have come to the conclusion that the auditing judge did not err in giving full effect to the settlor’s repeated expressions in his deed of his desire to do equality among his children.

Where a formula is evidently intended to bring about equality of distribution among a settlor’s children, and a literal interpretation thereof would defeat such purpose, it should be rejected in favor of an interpretation in harmony with the settlor’s intent. This seems to have been done in cases where there existed only a…