In re the Estate of Smith

S. Samuel Di Falco, S.

The question here for construction is whether the remainder of the residuary trust is to pass to those persons who would qualify as the next of kin of the testator had he survived the life tenant and died immediately afterwards, or to the individual who would fall into that category if its composition is to be determined as of the actual date of his death, some 45 years prior to the termination of the trust.

The testator left his residuary estate in trust for the life use of his daughter, Mary Juliet Smith, directing that upon her death the principal and accumulated…