Robertson v. Surgener

CULLEN, Commissioner.

The will of James C. McElroy, who died in 1942, gave his widow a life estate in his property. The will contained this provision :

“ * * * on the death of my wife all of my Estate shall be held in trust for my grandson, James C. McElroy, III, by his Trustee and paid to him as in discretion of said trustee same may be needed.”

The widow died in 1962. The grandson, who was nine years old when the will was *469-written, survived the widow by only seven -months and died childless, leaving a will •devising all of his property to his widow.

In an action between the grandson’s widow and…