In re the Estate of Wells

O’Brien, S.

In this accounting proceeding the court is asked to construe paragraph “ ninth ” of the testator’s will. That paragraph reads as follows:

“ Ninth. In case of the death of either of my children leaving issue, after the decease of my wife Caroline B. the share or proportion of my estate and the income and interest thereof to which such child shall then be entitled shall be paid to such issue or to the next of kin of such deceased child.”

Harmon K. Wells, a son of the testator, has died leaving him surviving one child, Ethel W. Bobbins, and three grandchildren, Ethel M.,.Harmon D. and…