City-Bank Farmers' Trust Co. v. Rideal

In the pursuit of its fiduciary duties as trustee under the directions of the last will and testament of William A. Paton, deceased, the plaintiff has encountered some incertitude concerning the identity of some of the beneficiaries signified by the testator in the seventh article of his will.

The perplexing ambiguity arises in the testamentary disposition "to the grandchildren of said William Paton then living and the issue of any deceased grandchild, per stirpes and not per capita," which is here transcribed:

"Seventh: All the rest, residue and remainder of my estate, real and personal, I…