In re the Estate of Rolston

Harry G. Herman, S.

The questions presented in this proceeding by the sole surviving trustee to settle her intermediate accounts are: (1) whether the remainder interest of testator’s grandson in the article “tenth (a) ” trust was divested by the grandson’s predeceasing the life tenant of the trust; and (2) whether the grandson validly exercised the power of appointment conferred by article “ tenth (c) ” of the will of the testator.

The testator died on January 27, 1933. His will, dated April 17, 1929, and three codicils thereto not pertinent herein, were admitted to probate by this court on…