Moor

The facts appear to be that by the terms of a will the testator left all his property in trust to defendant herein as trustee for the benefit of the widow of the testator during her natural life, and at her decease (provided that she should live ten years after the decease of the testator), to be distributed equally among the three sons of the testator. Furthermore, if the widow were to die at any time before such ten-year period expired, each of the sons was to be paid ten dollars per month from the date of the death of the widow until the expiration of the said period of ten years. The will further provided that:

“If either of my sons, before such division, have died, leaving lawful issue, such issue to receive the parents’ share; but if there be no issue, then such share to become a part of the balance of the estate and divided among the survivors in the manner before directed.”

In the proceedings on the probate of the will, a decree was rendered by the court distributing the property of the testator ‘ ‘ according to law and the provisions of the said will,” excepting that the provision therein and hereinbefore ' set forth was omitted from such decree.

Before the expiration…