First National Bank v. Cherrier

The question in this case is presented by an appeal from a decree of the circuit court of Lake county, construing the last will of Susannah Brown Miller, deceased, and holding that a one-half of the income from a trust created by said will shall be distributed per capita among the nieces and nephews of the testatrix, and per stirpes among the issue of any deceased niece or nephew. The appeal is by one of the nieces of the testatrix and her two children, who claim the distribution shall be entirely per stirpes.

The issue involves the construction of Clauses (H), (I) and (J) of the will. They…