'MiLLASD,  S. — ^Frederick  S.  Salisbury  died  on  the  14th  of
June,  1908,  a  resident  of  the  village  of  Larchmont,  country  of
Westdiester  and  State  of  Kew  York.
He  left  a  last  will  and  testament,  which  was  duly  filed  for
probate  on  the  sixth  day  of  July  last ;  and  upon  the  9th  of  July,
1908,  au  answer  was  filed  by  Maude  Grosvenor  Salisbury
Shriyer,  a  daughter  of  said  deceased,  asking  for  a  construction
of  said  will,  as  to  the  rights  of  the  parties  interested  under  the
third  paragraph  thereof.
This  paragraph  reads  as  follows :

^'  Third.  All  the  rest,  residue  and  remainder  of  my  estate
both  real  and  personal  of  whatsoever  kind  and  wheresoever
situated,  I  give,  devise  and  bequeath  to  my  beloved  wife  Lucy
Aletta  Salisbury,  To  have  and  To  hold  the  same  and  to  collect,
receive  and  enjoy  the  rents,  income  and  profits  thereof  during
the  term  of  her  natural  life,  and  on  her  death  I  give,  devise  and
bequeath  the  same  to  my  children  Adelene  Salisbury  and
Maude  Grosvenor  Salisbury  equally,  share  and  share  alike  and
to  the  survivor  of  them,  the  issue  of  any  deceased  child  however
to  take  the  share  its  parent  would  have  taken  if  living  at  the
time  of  my  wife's  decease.''

"  And  in  case  neither  of  my  said  children  shall  survive  my
said  wife  or  shall  have  died  leaving  no  lawful  issue  surviving,
then  I  give,  devise  and  bequeath  all  my  estate,  both  real  and
personal,  to  my  said  wife  absolutely."


^i


36      SURROGATE'S  COURT  REPORTS.
The  daughter  referred  to  in  the  will  as  Maude  Grosvenor
Salisbury  married^  prior  to  the  death  of  the  testator,  and  at  that
time  had  a  daughter  living,  bom  on  the  6th  of  July,  1903.
