In re the Estate of Minturn

Foley, S.

Questions of construction are raised in this accounting proceeding in respect of the disposition of the remainder under paragraph third of the will. The testator directed his trustee, upon the deaths of the life beneficiaries, “ to divide the principal in equal shares to and among the children of Peter Ruck of New York City and of Eliza Moore of New York City, the issue of any deceased child of said Peter Ruck or Eliza Moore to take the parents’ share.”(1) The principal question is, did the testator intend a division of the principal into two equal shares, with the further…