Opinion
October 6, 1959.
November 9, 1959.
Wills — Construction — Intent of testator — Words and Phrases — "Children" — Construction including grandchildren.
1. Where testatrix directed the yearly payment of certain surplus income from a trust ". . . to my said children then living, and to the children of such of my named children as are then dead, the children of every deceased child taking their parent's share", it was Held, from an examination of the whole will and codicils, that in the statement "and to the children of such of my named children as are then dead" testatrix used the word "children" to mean "issue" and that great grandchildren of testatrix were entitled to share in the income to the exclusion of the estate of their uncle who died without issue.
2. Clark Estate, 359 Pa. 411, followed.
Before JONES, C. J., BELL, JONES, COHEN, BOK and McBRIDE, JJ.
Appeal, No. 119, March T., 1959, from decree of Orphans' Court of Allegheny County, No. 1510 of 1941, in re estate of Lucy C. Carnegie, deceased. Decree affirmed.
Same case in court below: 18 Pa. D. C.2d 629.
Audit of account.
Adjudication filed confirming account, and decree entered; opinion by WOLK, J. Claimant appealed.
Frank W. Ittel, with him William E. Miller, Jr., and Reed, Smith, Shaw McClay, for appellant.
Wells Fay, with him Blaxter, O'Neill Houston, for appellee.
Decree affirmed on the opinion of Judge ABRAHAM L. WOLK reported in 18 Pa. D. C.2d 629.