Chance's Estate

Stearne, J.,

The question raised by exceptions is whether decedent’s will terminated an inter vivos trust created by her. The auditing judge ruled that it did not.

The terms of the deed and the will are almost identical. The deed names a corporate fiduciary as sole trustee, while the will appoints the same trust company, with a daughter and two grandsons, cotrustees. The trust was created in Philadelphia. The will was probated in Monroe County, Pa., the domicile of decedent at the time of her decease. At the audit, counsel for all parties contended that the will terminated the trust, and…