In re the Judicial Settlement of the Account of Proceedings of Union Trust Co.

Fowler, S.

The construction of the will of Collis P. Huntington is essential to a decree for distribution in this court. It is contended by certain next of kin of testator that the 10th *113clause of the will is a residuary clause, and the familiar principle is invoked that, on the failure of one of several residuary bequests it does not go to augment the shares of other residuary legatees, as there can be no residue of a residue. The principle is undoubted, but its application is here disputed.

The scheme of the will of Collis P. Huntington I conceive to be this: In its earlier paragraphs are…