Lyle Estate

Hunter, J.,

Exceptants are Martha Tinkér Rapp and Franklin Lyle Tinker who claim by implied gift, under clause G of the will, the share of income of their deceased mother, Martha Lyle Tinker, one of the life tenants.

The auditing judge awarded the income in question under clause H of the will to the surviving life tenants of the trust, Franklin L. Boettger and Mary S. Hartley.

Clauses G and H of the will (italicized) are as follows :

“G. Upon the death without leaving children or other descendants to survive him or her, of any person who under this will is entitled to receive any income during…