In re the Estate of Herrick

The court is asked to construe the “ third ” paragraph of decedent’s will, which was admitted to probate in this court June 25, 1888, and which reads in part as follows: “After the death of both my wife Julia A. Herrick and my son Frank C. Herrick * * * I give, bequeath and devise all of said real estate and the proceeds of any sales thereof with the increase to the lineal descendants of my said son Frank C. Herrick per capita, share and share alike.”

Frank C. Herrick died December 4, 1933. He left him surviving three children, Julia H. Kellogg, William C. Herrick and Ruth H. Ward. Julia H.…