Walker Estate

Opinión by

Mr. Justice Allen M. Stearns,

These appeals require a construction of the will of John Walker, deceased, with particular reference to a phrase in the tenth item. That item makes provision for testator’s son, Henry. The phrase reads: “if he survives my wife and me”. Upon the audit of the trustees’ account the auditing judge ruled that the phrase had reference only to the son’s life estate and all other dispositions in the item were effective, even though the son did not survive testator’s widow, the son’s stepmother. The court in banc overruled the auditing judge and decided that the…