Merrick Estate

Opinion by

Mr. Justice Jones,

On June 15, 1917, Herbert DuPuy (settlor) created an inter vivos trust for the benefit of a granddaughter, Amy McHenry, who is now living and 52 years of age. Under the terms of that, trust, in the event of Amy McHenry’s death without issue living at the time of her death, the remaindermen were settlor’s three children, including Eleanor Merrick, their heirs and assigns.

Settlor died in 1930 and his successor trustee has since 1934 filed triennial accounts in the Orphans’ Court of Allegheny County.

Eleanor Merrick died February 23, 1962, and, approximately fifteen…