Dana Estate

Dissenting Opinion

Shoyer, J.,

August 4, 1954. — I am so strongly convinced that Charles E. Dana intended that none but living collaterals should enjoy his residuary estate, *512that I must dissent from the majority of my brethren.

Testator died February 1,1914, leaving a will dated November 23, 1908. He was survived by his wife and daughter, and the latter survived her mother until her death without issue on April 30, 1953.

In the fourteenth item of his will be created a residuary trust for the life of his wife, and after her death for the life of his daughter, Millicent, and then he provided for…