Samuel's Estate

Bolger, J.,

dissenting. — The exceptions of Edward Samuel, Jr., should be sustained involving the failure of the auditing judge to award him his share as issue of a child of the testator, his father having survived testator but predeceased the life tenant.

The learned auditing judge and the learned majority opinion err when they hold that “the substitutionary gift to the issue of deceased children is to be construed in the usual way as applicable only to the issue of those children who may die before the testator.” They fail to apprehend that the substitution here is not of a legacy, but…