In Re Estate of Gile

The testatrix plainly intended that her brother and his wife should have life estates in the residue of her estate, with power to use so much of the principal as should be requisite for their support and comfort. No provision was made by the testatrix for the intervention of a trustee, and we are of the opinion that no trust should be implied.

The testatrix expressed her confidence in her brother by naming him sole executor of her will “to serve by giving nominal bond.” She intended the residue to be first used for the benefit of the defendants, and at their deaths the petitioner is entitled…