Henson's Estate

Bolger, J.,

dissenting. — We should not regard the action of the court in setting aside the fund to protect the annuity as expressive of testator’s wishes as to what should now be done. To do so amounts to the usurpation of a power which we do not possess, and which the preceding auditing judges did not assume when they set up this fund, namely, in deciding what amount should go to the remaindermen.

Testator’s direction was to invest “securities sufficient of the corpus of my said estate to yield an income” of the amounts specified.

Under the Fiduciaries Act of June 7,1917, P. L. 447, sec.…