Spencer v. Title Guarantee Loan & Trust Co.

This case was submitted under Rule 46 and Mr. Ohief Justice ANDERSON, delivered the opinion of the court.

The sole question for determination upon this appeal is whether or not a grandchild of Margaret Hopkins took any interest in the income upon the death of said Mrs. Hopkins and which involves the interpretation’ of the following language as used in paragraph (c) of item 7 of the codicil to the will of J. H. Woodward: ■

“Upon the death of either of my children, ■the child or children of my deceased child shall take the share of the income which the parent would have taken if living.”

In other…