In re the Estate of Barnum

In this successor trustee’s final accounting proceeding, petitioner requests construction of testator’s will in order to determine who is entitled to receive the trust principal. The matter involves testator’s intention as to the meaning of the words “ child or children her surviving ”, referring to his daughter and life income beneficiary of the testamentary trust created as follows:

“ second. I give and bequeath to my son, W. Newton Barnum, Fifty (50) shares of the capital stock of the Frederick H. Levey Company, standing in my name on the books of said Company, in trust nevertheless for the…