In re the Estate of Waring

Slater, S.

The accounting trustee seeks a construction of the testator’s will to determine to whom the principal of the trust fund should be distributed.

The testator’s will was admitted to probate on March 7, 1907. A portion of the estate was to be held in trust for the son, John T. Waring, Jr., “ and as to the distribution of the capital of the said trust fund, upon the death of the said John, I direct the said Trustees to pay the same over to the lawful descendants if any of the said John, in equal shares, per stirpes and not per capita, and if there be no such descendants to the next of kin…