Equitable Trust Co. v. Best

Seitz, Vice Chancellor:

The court is required to determine, inter alia, whether the word “issue” as used in the will here involved means “children” or “descendants”.

The testatrix, Rosanna Truss, executed her will on December 1, 1890. At that time she had three children Samuel L. Truss, Mary E. Hizar and Thomas L. Truss. By her will she bequeathed a certain sum to her son Samuel L. Truss and her clothing and personal effects to her daughter Mary E. Hizar. By Item 5th of her will she created a trust of $1,000.00 (reduced to $300.00 by codicil) and six identified dwellings owned by her. She then…