Matthews Estate

Lefever, J.,

May life-tenant and remaindermen terminate a spendthrift testamentary trust by the life-tenant releasing and disclaiming income from the trust in favor of the remaindermen pursuant to section 3 (a) of the Estates Act of April 24, 1947, P. L. 100, as amended, and the remainder-men agreeing to divide the principal with life-tenant? This is the issue raised by the exceptions before us.

Testatrix died on September 18, 1944. By her will she gave the residue of her estate in spendthrift trust to pay the net income therefrom to her son, Caldwell F. Matthews, for life and upon his death to…