Wainwright Estate

Opinion by

Mr. Justice Allen M. Stearns,

This appeal involves the construction of a will. The question is whether the share of a child who died without issue passes under the intestate law or to the issue of his deceased brother.

Mary B. K. Wainwright, the testatrix, by her will, erected a trust of her residuary estate whereunder her two sons, Francis King Wainwright and Clement R. Wainwright, Jr. were each given a life estate. The remainders were disposed of as follows: “.... . And if either of my said sons should die in the lifetime of the other without leaving lawful issue then T direct.thát…