In re the Accounting of Driscoll

McGarey, S.

Testator’s son, life beneficiary of one of the trusts created under his will, having died, the corpus thereof is payable by the terms of the will to the son’s issue. The son married twice, had one child by his first wife and five by his second. The first marriage was terminated by a Florida divorce decree in favor of the wife in an action therefor instituted by her.

The first wife, as guardian of her child, collaterally attacks the validity of the divorce decree upon the ground of lack of domicile by her. The husband appeared in the divorce action, admitted the wife’s domicile in…