Taheny's Estate

Bolger, J.,

— This is a petition

for review of adjudications filed February 27, 1931, and September 5, 1935, in order that the petitioner may claim priority for a legacy given in trust for the benefit of testatrix’ son, now deceased. Preliminary objections have been filed raising the questions hereinafter disposed of, and an answer has been filed upon the merits. This latter is disregarded since the case is decided on the preliminary objections alone.

*307By her will the testatrix gave $120,000 to her trustee, in trust, to pay over the income weekly to her son, James E. Taheny, for life, with…