In re the Accounting of City Bank Farmers Trust Co.

Collins, S.

Upon this final accounting a construction of the will is sought. It provided that upon the death of any of testator’s children the principal of the trust held for such child’s benefit should be paid as such child appointed and in *125default of such appointment to the surviving issue of such child. The testator’s son George A. Seligmann failed to exercise this power of appointment and as a result the question arises whether “ his issue ” refers only to his children or whether it also includes his grandchildren whose parents are living. As testator died prior to April 30,1921, section…