In re the Accounting of First National City Bank

Maximilian Moss, S.

An incident to a final account rendered by a substitute trustee a construction is required of the will’s fourth clause to determine the manner of disposition of the principal of the trust for Florence A. Hawley, whether shares of the principal are distributable per stirpes or per capita, adjudging the rights of an adopted son of the testator’s great-grandson and another item of relief.

By the terms of the paragraph to be construed, the testator created a trust for his daughter, Florence, with remainder on her death to her lawful issue, or if none, to her brothers and…