Yost's Estate

Opinion by

Mr. Justice Drew,

By his last will and testament, William Yost devised and bequeathed his residuary estate to the Fidelity Title and Trust Company, now the Fidelity Trust Company, of Pittsburgh, in trust to pay the income to his son John Yost for life, and upon his death to pay the principal to such persons as he should by will appoint. Exceptions were filed in the court below by the beneficiary to the fifth account of the trustee, complaining, inter alia, that a certain mortgage, now foreclosed, was taken by the trustee in its own name, and not as trustee of the estate, for which…