137 Mass. 543 | Mass. | 1884
The question presented is whether, under the fifth clause of the will, the two youngest children take equally, or whether the executor is to apply the property to the maintenance and education of both or either one of them at his discretion.
As the will gives to each of the children an equal right with the other, the fact that one of them has acquired other means of maintenance and education is immaterial; and the acquisition of new parents, by adoption, by one or both of the children, will not determine the interest given by the will to both. The testator might have given to the .trustee discretion to apply the fund according to the different needs of the beneficiaries, but he has not done so, and the trustee has no authority to take from Grace C. the proportion belonging to her, and bestow it upon her brother. Decree accordingly.