Ball v. Fidelity Union Trust Co.

Counsel

On appeal from a decree of the Court of Chancery advised by Vice-Chancellor Bigelow, who filed the following opinion:, for each year to my issue per stirpes. If I leave no issue me surviving who shall also survive my wife, from the time of my death or from the time of the death of the last of my said issue, whichever shall last occur, to pay the entire net income to my said wife during her life.’, “The corpus is to be divided, upon the death of Mrs. Ball, 'into as many shares as I leave children me surviving.’ That means to divide into two shares since testator was survived by two children. Defendants argue that the paragraph quoted below operates to add Frederick’s share to James’, so that the fund will constitute a single share., “ ‘In case such child die before arriving at the age of thirty-five, to dispose of any part of the corpus of such share and the accumulated interest therefrom remaining in their hands as follows:, “‘(b) If such child die without issue, to add the same in equal share, to the. other shares provided for in this third section of the sixth paragraph of this my will.’, “Frederick’s administratrix cannot share in the corpus.”, Messrs. Milton, McNulty & Augelli, for the appellant., Messrs. Lum, Fairlie <& Foster, Mr. Sluart A. Young, Messrs. Pitney, Hardin, Ward & Brennan, Messrs. Haines, Ghanalis, Lynch <& Malóne and Messrs. Emerson, Emery & Danzig, for the respondents.