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Wills Trusts & Estates keyed to Dukeminier
In re Moss
Facts
A testator devised his interest in a newspaper to his wife and nice E.J. Fowler as trustees, to pay the income to the wife for life, and on her death “upon trust for the said E.J. Fowler and the child or children of my sister Emily Walter who shall attain the age of twenty-one years equally to be divided between them as tenants in common.” E.J. Fowler predeceased the testator. The lower court ruled that the gift to E.J. Fowler and the testator’s nieces was not a class gift and E.J. Fowlers interest lapsed into the residuary of the estate.
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