TRUSTS, § 28 — agreement construed as providing per capita rather than per stirpes distribution. Trust agreement providing for payment of income to donors (husband and wife) during lifetime and, after death of survivor, providing for distribution of fund "in equal parts between them unto such of the following nephews, nieces and grandnieces of the donors as shall be living," construed to require per capita rather than per stirpes distribution notwithstanding that beneficiaries for most, part were not named except as the children of designated brothers and sisters of the donors.
See Callaghan's Illinois Digest, same topic and section number.
Opinion by JUSTICE WOLFE.
Not to be published in full. Opinion filed October 22, 1945; released for publication November 12, 1945.