Dana Estate

Klein, P. J.,

A single narrow but extremely important question is raised by these exceptions: Was testator’s final residuary gift vested or contingent? Our task is made more difficult by reason of the apparent lack of harmony in the many decided eases dealing with this subject.

Judge Hunter, the learned auditing judge, in a carefully studied adjudication in which he analyzed at considerable length the pertinent authorities, concluded that the remaindermen who survived testator, but died in his daughter’s lifetime, had vested interests subject to being divested if they died leaving issue. He…