Warne's Estate

Opinion by

Mr. Justice Sadler,

On May 25, 1894, William B. Warne died leaving a will, with two codicils attached, by which he devised his estate in trust, directing that the net income be paid to his wife, Emma, for life, and thereafter divided in equal parts between his two sons, Theodore and William, Jr., as long as they should live, free from any debts or engagements contracted by them. On the death of either, one-half of the corpus was given to the deceased son’s living children, or the issue of any dead, and, if none such were in esse, then the whole income passed to the remaining brother.…