Taylor's Estate

Van Dusen, P. J.,

The principal of this fund, according to the will of Alma Taylor, is to be distributed to the issue of William McDaniels, her brother. William had a daughter, Rachel, who had a son, George. Rachel died before her father, and her son George claims as one of the issue of William. The auditing judge made no award to him, concluding among other things that he was not a legitimate child, and that only legitimates were entitled. It was held in Appel et al. v. Byers et al., 98 Pa. 479, following the English cases, and quoting from Ellis v. Houstoun, 10 L. R. Ch. D. 236, 241: “. . .…