Smith's Estate

Henderson, J.,

A careful examination of the record and of the able and very helpful briefs presented by both sides, leads us to conclude that the Auditing Judge was right and for the reasons given by him.

It was vigorously urged that the power of consumption given to this widow might result in the gift to the after-born child proving illusory. Randall v. Dunlap, 218 Pa. 210, rules this case. Under Mrs. Randall’s will, her estate, with the exception of a small provision for an aunt, was left absolutely to her husband, who survived her. In the event that he did not survive her, she directed that…