Hoover Estate

Opinion by

Mr. Chief Justice Bell,

Levan O. Hoover died January 9, 1919 leaving a will dated December 16, 1918 and a codicil dated December 31, 1918. Marion Hoover Evans, testator’s last surviving child, and Norma Lee Gruver, the only child of Norman Lee Hoover who was one of testator’s deceased children, each appealed from a final decree of the orphans’ court which directed a per capita distribution of the principal of the trust estate created by the testator.

Testator pertinently provided as follows: “Eleventh: All the rest and residue of my property, real personal and mixed ... I direct my…