Wilkes v. Wilkes

GREENHILL, Chief Justice.

This case involves the construction of the will of Belle Shumard. Her will created a trust which still exists. The questions are the intention of the testatrix as to the ultimate distribution of the property and of the trust income in the meantime. These questions, in turn, depend upon whether Belle intended to make a gift to a class or group which was capable of future change in number. Her will provides for a devise to “the lineal descendants, if any,” of various beneficiaries including those of her adopted daughter, Virginia Wilkes. At the time of Virginia’s death,…