Dupuy's Estate

Opinion by

Mr. Justice Linn,

Herbert DuPuy died in 1930 leaving a wife, children and grandchildren. Article 13 of his will provided for his widow for life with remainders over. She died August 31, 1941. Her executors, interpreting the will as having created a trust for her life and for remainders, filed, on her behalf as trustee “under [the] will of Herbert DuPuy for the benefit of herself and others,” an account of the residue received by her from her husband’s executors and desired distribution under his will. The property had depreciated in value during the time she held it but the parties…