In re the Estate of Striker

Cohalan, S.

A life estate has fallen in and because of the ambiguity of the will a question of construction is presented to the surrogate. The clause for consideration reads as follows: “ At the death of my daughter Anna, if she survive me, I give and bequeath the share held in trust for her to my children then living (except the issue of said Anna) in equal shares, per stirpes and not per capita.” Anna is dead. Her issue we cannot, by the undisputed terms of the will, be concerned with, but the question is whether all of such remainder goes to the only surviving child of the testator, a son,…