In re the Estate of Smith

The Chancellor.

The exceptions are filed in behalf of two persons who claim to share in the fund as “next of kin according to the statute of distribution” of Frank M. Smith and Warner H. Smith, two of the five sons named in the will of Allen Smith, both of whom died without issue. Frank M. Smith died leaving Cora J. Smith, his widow, on October .13, 1917, about ten months before Clifford E. Smith, who was the surviving life beneficiary and whose death marked the period for distribution to the remaindermen. When Warner H. Smith died is uncertain. Mrs. Neese claims that he died some time before…