Roberts' Estate

Stearne, J.,

The auditing judge committed no error when he declined to award the trust res. to exceptant and his sister absolutely and decreed that they were limited to life estates. Exceptant maintains that by implication they were bequeathed the entire beneficial interest, and, although such interest was passed in trust, the trust is a dry one, and if not, nevertheless, they are entitled to terminate it, and, under either theory, should be awarded the corpus absolutely.

As narrated in detail in the adjudication, testator, out of his residuary estate, erected an active trust for the benefit of…