Veneklasen v. Salvation Army

On August 24,1926, the decedent died leaving a will dated August 31, 1925. In paragraph 11 he established a trust for the benefit of his niece for her lifetime. The will provided, upon the death of that life beneficiary, for termination of the trust and distribution of the corpus “to her [that niece’s] issue by right of representation; and if she is without issue then surviving” the fund was to be kept, with accumulations, as a perpetual trust for the benefit of the Evangeline Home and Hospital of the defendant, Salvation Army. The niece died *226on March 29, 1963, leaving no issue born of her…