Mifflin's Estate

Lamorelle, P. J.,

dissenting. — The gift here was not to four nephews by name, but to such of four named nephews as should be living at the time of the death of testatrix.

There was a substitutionary gift to the descendants of any that might then be deceased. There was no substitutionary gift of the share of Danforth Phipps Wight; there was, however, a provision that his share should be held in trust, with limitation over upon his death.

He, however, died in the lifetime of the testatrix; therefore, he never had nor could he have any share, in that his death eliminated him from the category…