In re the Estate of Henderson

Nathan R. Sobel, S.

The question is whether adopted children are included among “ descendants ” of a sister of testator, Andrew Henderson, who died in 1914. Testator had created a trust for three of his sisters as primary beneficiaries. The concern here is with only one of such sisters, Jennie Neumann. During her lifetime she was to receive one third of the income from the trust. If she died while the trust continued, her “ descendants ” would then receive her one-third share of the income. Upon the termination of the trust, her “ descendants ” (hers was one of two measuring lives) would…