Estate of Shirley

This is an appeal from a decree of partial distribution. The facts are as follows: The decedent executed his last will and testament on August 15, 1914, by which he declared his property to be his separate estate, that “no other person or persons have any interest therein except my only son and only daughter” and that he executed the instrument “for the sole purpose of having” his “property equally divided between” his “son, Lafayette • Shirley, a resident of Rockford, Illinois, and” his “married daughter, Jessie C. Lake, of Rockford, Illinois, and Redondo Beach, California.” He further states that the property is to be distributed to his “son and daughter or their children, share and share alike, that is to say, the said trustees are to divide the said property equally between my said son and daughter if living.” Lafayette Shirley, the son, had a daughter named Mrs. Nettie Wilson. On April 8, 1926, the decedent executed a codicil by which he gave to Mrs. Wilson a one-sixth part of his estate and a two-sixths thereof to his son, to be held in trust, however, for the granddaughter, with the right on the part of the son to use the income during his life. Jessie Lake, who also had a…