This section contains the nature of the case and procedural background.

Testator left the residue of his estate in trust for his wife. Upon his wife's death, half of the trust corpus was to be distributed to Testator's brothers and sister. The other half was to remain in trust for Testator's adopted daughter. Upon the daughter's death, the income from her half was to be paid to her children or their issue; upon the death of each income beneficiary, that person's share was to be given absolutely to his heirs. At the time of Testator's death, his daughter had two children, Mary and Hugh. After his death, she had two more children, Horace and Depue. Testator's daughter predeceased his wife. In a prior action, Testator's heirs challenged the validity of the interests of the daughter's children. The court found that they were valid. After Hugh's death, the remainder interest of his heirs was challenged and upheld. In the current action, the interests of the heirs of Mary, Horace, and Depue are at issue.

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