In re the Estate of Bertram

Evans V. Brewster, S.

Petitioner seeks a construction of article Fourth of decedent’s will and a determination by the court that the trust therein has lapsed resulting in a merger of the trust remainder with the estate of the life income beneficiary.

Under article Fourth, decedent placed his residuary estate in trust, giving the entire net income first to his wife, who has since died, and then to his daughter, the petitioner herein. Upon the death of the daughter, the remainder is given to her issue and then provides: "in case, however, my said daughter shall die without issue her surviving, I…