Clark v. Cushing

Andrews, Chief Referee.

The present trustees of a testamentary trust established pursuant to the will of Florence W. Cushing bring this action seeking a declaratory judgment and the direction of the court with reference to the distribution of the trust estate. The issue before the court relates to class gifts and more particularly to the construction of a provision for substitutional beneficiaries in case of the death of a person within the class description.

Mrs. Cushing, the testatrix, executed her will on August 9,1932, and died on August 27,1937.

By item Two of her will, the testatrix…