In re the Accounting of Bly

Witmer, S.

Contruction of the will in this judicial. settlement proceeding is asked to determine whether the widow, Mary Gr. Mackie, and the adopted child, Janet Mackie Ball, of testator’s son, Harry S. Mackie, are entitled to share under, the will as “ lawful heirs ” of said son and of another son, Louis F. Mackie, Sr., now deceased, and if so to what extent. Testator made his will in 1910, and died the next year. Most of his estate passed under the residuary clause (paragraph “ Fifth ”) to trustees in trust for testator’s four- children, to have the income in equal shares. He then provided:

“I…