What is the testator’s intention to delay or delay the distribution of interest to his nieces and nephew and/or their issue?

First, unlike in Browne v. Moody, the interest of the nieces and nephew and/or their issue was not postponed merely to permit the testator’s children to enjoy their life interest, nor was it postponed for the convenience of the testator’s estate. Rather, the testator postponed the interest because his intention to benefit the nieces and nephew and/or their issue was secondary to his intention to benefit his own grandchildren and great-grandchildren. After all, the gifts to the nieces, the nephew and/or their issue are expressly conditional on the failure of the children’s trust. Further, the testator gave the trustees power to encroach on the capital, which meant it was possible that there would be no residue left to distribute at all if and when the trust should finally determine or fail.