In re the Estate of Denari

Wingate, S.

The question of interpretation, decision of which is here desired, concerns the meaning of the language employed in the gift of a portion of the remainder of a trust erected for the life benefit of the wife of the testator. The particular direction in question reads: “ One-third part or one-third share therein, I give, devise and bequeath to my son Eugene Denari, to and for his own use, his heirs and assigns, absolutely and forever.”

Eugene Denari survived the testator but predeceased the life beneficiary. He was survived by a widow and son as his only statutory distributees. The…