Westphal v. Westphal

John C. Westphal died testate March 9, 1912, leaving five sons surviving him, Theodore, William, George, Fred and John G. Jr. Under his will Theodore, William and George were each to receive an undivided one-fifth of his estate. The remaining two-fifths was given to Theodore and George in trust to pay the income therefrom to Fred and John C. Jr. for life.

The will provided that “In the event of the death of my said son, John C. Westphal, Jr., after my death, I direct that one-half (%) of said fund and property so held in trust, as aforesaid, (the income of which is directed to be paid as…