Every evening, Wilmington daily commercial., 1922-09-09

those authorities win disclose that
whsrsver issue has been cut down to
mean children. 1t was because some
thing appeared In the context Of the
will disclosing the intent OF the tcsta-
tor to . tho word in tho restricted
sense.
II am convinced that the contention
Of John J. Lockwood y MOI sustain
able. The limitation : Hannah's child
or children, in view Of tho later clause
in he will, must be held to mean to
them and TO the Issue of such cf them
a. may have died. and the decree will
70 In accordance with the claim OF
the children of Schse M. Lockwood"
The will OF Thomas 8. Merritt, who
died In 1873. was voluminous. The
provisions of his will are very similar
to those Of hiA wifc's. except hat he
makes provision whereby his three
daughters. with the consent OF the
trustee, might partition his real o.
tate, and II that were done. each one
should have the right to manage her
own share during her lifetime. The
provision MAJ also made that, with
tho consent OF the trustee. ana all
three Of tho daughters. n part or
all OF the real estate might be sold
and tho money received therefor be
hold by tho trustee, each daughter be-
Ing entitled to one-third Of tho income
for life. A large part Of tho real ee-
tate was 90 sold, from the proceeds OF
which sale Ia derived tho fund now
In the hands Of tho trustee. He also
provided that In casc OF the death of
either Of tho married daughters leav-
ing a husband to survive. the husband
shall be entitled to the income from
tho fund as long as he lived, and, af-
ter the death Of the husband, ito such
children absolutely for the one-third
part thereof OF the whole fund or such
part AZ their mother. II living, would
be entitled to. and upon tho death O!
married and their husbands. the whole
OF said purchase money shall be d.
vided between the children OF my said
married daughters and my unmar-
ried daughter. according to the num-
Der of shares given to my three daugh.
ters. respectively"
In this case. tho widow OF Schee NJ
Lockwood claims that tho one-thirt
interest of Hannah 8. Lockwood Il
payable the one-half to John j. Lock.
wood and the other half to the admin.
istrator of Schee Lockwood on the
theory hat the interest OF her hus
band In the said fund immediatel,
upon his death became vested in hin
as a child OF Hannah 8. Lockwood ant
now that he is deceased the said In
t2~a. l. S&,-D n - 49,
tive OF his personal estate and not e
his children.
Tho Chancellor held 9TH VIII 4,
question seems clearly to indicate al
interest on the testator'S part 4
break the estate Anto three equal parts
giving one of such parts to each o
his married daughters for life, witt
the remainder as to each share to he
children and to tho issue OF any de
ceased child.
The precise question to be dctermin
ed IS whether It was the interest O
the testator to create vested remain
ders in Hannah's children or contin
gent remainders depending upon thei
surviving their mother. The particu
lar alternative that - actually pre-
scented by the facts 10 the death c
both married daughters and their hus
bands. and the provision in that a
Tentative y that each share goes
each married daughters children
without regard TO their surviving the
mother; that is to say. in that alterns
tive b remalnderp are vested. Il
whom q beQuest 10 to one for lie ar
At his death to his childrvn. the r,
mainder vests as soon rs tho child
born and will open to let In other chi
dren as they come into being.
1T therefore follows that Schee
Lockwood had a vested interest in II
> remainder in HE mothers shar
Though he died before his mother, Y.
his estate shares equally with h
brother. John j., IN the distribution
the share held in trust for her n
Z life. The trustee will be decreed
pay TO his administrator one-half pa
OF the fund SO held by II IN trust"
. Charles B. Evans was solicitor Z,
the trustee. F. de H. Jnnv1er for Il
children Of Schee NJ. lockwood,
. Scott Beck OF C~hestertown and Cha
c. Wallace OF Baltimore, for John
Lockwood.