In re Trust of Diedel

Van Dusen, P. J.,

George A. Diedel and wife placed certain property in trust under a deed, the income to be paid to them and the survivor of them for life, and the principal to be appointed by the will of the survivor. Mrs. Diedel died, the husband made a will, and then he married and died leaving the second wife to survive him. The auditing judge held that the husband died intestate with respect to his wife because of the provisions of section 21 of the Wills Act of June 7, 1917, P. L. 403. The authority for this conclusion is found in Shoch’s Estate (No. 1), 271 Pa. 158. In that case the…