In re the Accouting of Guaranty Trust Co.

Headnote

Will — trust —• direction that on death of life beneficiary remainder go to her “ legal issue ”■— distribution decreed equally to surviving descendants. '

Matter of Pollen, 218 App. Div. 716 , affirmed.

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 22, 1926, which affirmed a decree of the New York County Surrogate’s Court on the accounting herein directing distribution of a trust fund erected under the will of George P. Pollen, deceased, by a clause reading as follows: “ To my daughter, Melinda, I also give the interest or income as it accrues on Two hundred thousand ($200,000) dollars, during her natural life. The said amount to be set apart in such good dividend paying stocks and bonds as may stand in my name at the time of my decease, and at the then market value of the same. And at her death I Will that the said amount of Two hundred thousand dollars go to her legal issue, in equal portions, after they severally reach the full age of twenty-one years.” The surrogate held that the decision in Schmidt v. Jewett ( 195 N. Y. 486 ) was conclusive as to the distribution of the trust fund and accordingly decreed that it be distributed equally to the surviving descendants of the fife beneficiary.