Estate of Crooks

The provisions of the will, bearing upon the points in 'controversy, are:

The wife is to have the management of the estate during her life, and upon her decease or disability, “ a majority of the surviving heirs who have attained the age of twenty-one years,” are to carry out the trust. Upon the death of the wife, and after the youngest surviving child shall have attained the age of twenty-one years, the estate shall be divided among the surviving heirs, share and share alike, the children of a deceased child to take the share of such deceased child. The executors may sell a part of the unproductive estate, should it be desirable, before the final distribution,but none of the productive.

The will was made December 28, 1875; testator died February 24, 1879; and the will was probated March 26, 1879.

At the date of the will, three of the children, Margaret J., Matthew J., and Annie, were over twenty-one; Susan attained twenty-one before her father’s death; Samuel became twenty-one, August 21, 1879; the other five are still below twenty-one; the youngest, Ida O., being nearly seven. *249 Annie died subsequently to testator’s death, leaving a husband surviving. The daughter Susan is…