In re the Judicial Settlement of the Account of Proceedings of Giegerich

Schulz, S.

By paragraph 8th of his will the decedent gives to his granddaughter, Barbara, an amount equal to one-half of the death benefit paid to two other grandchildren by a benevolent society, pursuant to a benefit certificate issued to him. In paragraph 12th of. the document he provides as follows: “ The trust created in paragraph of this will marked ‘ Ninth ’ in subdivision (b) thereof, shall be deemed to include and cover all of the property to which my grandchildren may be entitled under this Will.” The question presented is whether or not the bequest mentioned falls into the trust.

The…