Schlens v. Wilkens

Briscoe, J., delivered the opinion of the Court. This is an appeal from a decree of the Circuit Court for Baltimore County, and involves the construction of certain clauses of the last will and testament of William Wilkens, late of that county. Mr. Wilkens died in the year 1879, leaving a large and valuable estate, and his will dated the 19th of April, 1876, was duly admitted to probate in the Orphans’ Court of Baltimore County. Gustav A. Schlens and William Wilkens are the surviving trustees and the appellants in this case.

The testator, after providing for those of his children who were living at the date of his will, devised and bequeathed as follows : “And if it shall happen that any other children shall be born t® me hereafter who, or their issue shall, be living at the time of my death, then I give and devise to each such child, or his or their representative issue, one of the said equal parts or shares into which my residuary estate shall be divided as aforesaid, provided such child or the issue living at the time of my death of any such hereafter-to-be-born child then deceased shall live to attain the age of twenty-one years: “ And I empower my executors to expend so much as they shall deem requisite of the income of the contingent share or shares of such hereafter-born child or children, or issue aforesaid, during their respective minorities, in or towards their maintenance and support respectively; and in case of the death of any such hereafter-to-be-born child of mine, or of all the issue of any such deceased child, as ⁵³⁴ aforesaid, under the age of twenty-one years and without issue, then I limit and give the part or share of my estate which such child would have taken if living to the age of twenty-one years, in the same manner as hereinafter provided in respect to the part or share of the said Anna Maria in case of her dying without issue, as aforesaid.” It appears , from the record that there were two children born to the testator after the date and execution of his will, a daughter, Alice, and a son, Christian. On the 14th of July, 1883, the Circuit Court of Baltimore County assumed jurisdiction of this trust and directed that the executors administer the trust estate set apart for Alice and Christian Wilkens under the order and direction of that Court. On the 1 ith of March,