Lippincott's Estate

(dissenting) :

The auditing judge’s finding of fact that Francis Donnon was the natural child of Helen Lippincott and that his birth was legitimatized by her subsequent marriage with James H. Donnon is fully supported by the testimony. This fact is, however, immaterial under our view of this case, as we are of the opinion that Helen Lippincott had a vested interest in one half of the remainder of the estate, which passed under her will to her son, J. Henry Donnon, Jr.

The language in the codicil which is before us for construction provides:

“Upon the death of my said daughter Mabel to pay over…