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

Earle, Jr. died in 1928 leaving a will that provided if his estate was worth at least a net sum of $5,000,000 he would give to his Trustees in trust for the benefit of each and every male child or Earle Jr.'s sons who shall by birth inherit and bear the name of Earle, the sum of $100,000 for each one such male child. Sum to be held in Trust upon the same terms and conditions and uses as provided in the will for the benefit of a trust for his granddaughters. The issue before the court was whether Anthony Wayne Earle, born 7-11-49 was entitled to have a $100,000 trust set up for him. The Auditing Judge refused to set the trust up in that the will provision must be construed to exclude grandsons born after the testator's death. This was confirmed by the court en banc. This appeal resulted.

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