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

Testator left certain property to William to use for support and education until William was 25 and then to pay him income for life and then after William's death, the trustees were to apply income for the benefit of William's children and if no child qualified or William died without issue, the principal was to go equally to William's brothers upon attaining 25 and sisters at such age of marriage. At the testator's death, William had one brother and four sisters. Thereafter two more brothers were born before and another sister after the death of William who died without issue. The question of whether the limitation to William's brothers and sisters was void was raised.

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