37 N.J. Eq. 63 | New York Court of Chancery | 1883
Robert C. Stoutenburgh, deceased, late of the city of Newark, by his will, provided as follows:
“All the rest and residue of my estate, real, personal and mixed, I give, devise and bequeath the income to my two sons, Robert and Edward R., to be equally divided between them during their lives, and at their death, to be equally divided between my grandchildren, to them, their heirs and assigns; this provision being intended to take the place of any division or provision for them heretofore made or proposed by me.”
The testator’s estate consisted of both real and personal property. He had but the two children living at the time of making the will. They were both married. Both survived him. Edward is dead. He left a widow and one child, the complainant. Robert survives and has four children. The questions presented are, What is the interest of Robert in the residue, and what the interest of the grandchildren of the testator therein'?