In re the Estate of Newcomb

Joseph A. Cox, S.

In this accounting proceeding a construction of article Fifth of the testator’s will, executed in 1931 and admitted here in 1935 following his death during that year, is requested. Therein a residuary trust for the benefit of his wife is created and the remainder is divided among 14 legatees to be paid to them if living “ or persons then dead of whom a descendant is then living * * * to subdivide one of such equal shares among the descendants then living of each such deceased person, per stirpes.”

The question presented is whether an adopted child of a deceased descendant, who…