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Carnegie Estate.

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.

OPINION PER CURIAM, November 9, 1959:

Decree affirmed on the opinion of Judge ABRAHAM L. WOLK reported in 18 Pa. D. C.2d 629.

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CARNEGIE ESTATE
(Nov 9, 1959)