In re the Estate of Slavens

William T. Collins, S.

In her will the testatrix left the residue of her property in trust to pay the income to her sister Willinore M. Fosselman for life. “ Upon the death of my sister * * * I direct the surviving trustee to pay over the principal of the said trust to my heirs-at-law and next of kin.”

In this accounting proceeding the trustee has requested the court to determine whether the testatrix intended the remainder to pass to those persons who were in fact her heirs at law and next of kin or rather to those persons who would have been her heirs and next o'f kin had she died at the same…