National State Bank of Newark v. Stewart

The opinion of the court was delivered by

Heher, J.

The question for decision is whether the decree correctly construes the fifteenth paragraph of the will of Thomas J. Stewart, deceased. A trust of the residuary estate was thereby created; and the trustees were directed to distribute the income thereof in part as follows:

“Thirty per cent. (30%) of said income to my children me surviving', equally, share and share alike; and in the event any of my children shall predecease me leaving a lawful spouse, him or her surviving, (he share of income of such child -a .ill be paid over to such surviving…