In re the Estate of Petty

Samuel DiFalco, S.

In this accounting proceeding, the trustee requests a construction as to the disposition of one fifth of the principal of the residuary trust. The question is whether the adopted child of the testator’s son comes within the description of ‘ ‘ issue ’ ’ of such child, entitling her to the share of the residuary trust which had been held for her father’s life use, Or whether such share passes to the four surviving children of the testator.

Testator died June 3, 1932. In his will, testator created a trust of his residuary estate and directed the trustee to pay all of the income…