In re the Estate of Eagan

Otto C. Jaeger, S.

In this final trustee’s accounting, the court is asked to determine the right of an adopted daughter of a deceased remainderman of the trust to take as his issue.

Decedent died in 1905. In article Twelfth of her will dated April 11, 1902 she created four equal trusts of her residuary estate, one for the benefit of each of her children. The trust provisions were essentially the same and gave the net income to the named child for life, remainder to the issue of the child, but in the event of failure of issue, then the remainder was given to the other children who survived and…