Bank of Delaware v. Estate of Kane

SHORT, Vice Chancellor:

Bank of ■ Delaware, formerly Equitable Guarantee and Trust Company, trustee under the will of Jesse G. Simmons, seeks instructions as to the proper distribution of a portion of the income and corpus of the trust.

Jesse G. Simmons (testator) died on August 23, 1907. By his will testator devised and bequeathed the residue of his estate to the petitioner, in trust, to pay the income thereof to his wife until his youngest child reached the age of twenty-one years, thereafter to pay one-half the income to his wife and the other one-half “in equal shares” to his children, and…