In re the Estate of Marshall

Foley, S.

In this proceeding for the construction of the will it becomes necessary to determine the legal effect of the word “ unmarried ” as used by the testator in his direction to pay the income of a trust fund to his unmarried daughters. Specifically the question to be determined is whether all of the income is to be paid to Chariot to C. S. Marshall, a daughter who has never been married, or whether the income is to be divided equally between her and Lisa, a daughter who was married and subsequently divorced. In other words, whether the divorced daughter is an unmarried woman and was…