Powers' Estate

Hunter, J.,

The adjudication made an allowance to the trustee of commissions of three percent, $177,255.82, on proceeds of real estate, $5,908,527.13, to which exceptions have been filed by Thomas Harris Powers and Henry Frazer Harris, two *380of the life tenants, who contend that such allowance should be postponed until the termination of the trust.

Testator died November 20, 1878, and by his will and codicils gave the income of his residuary estate to his widow and daughter with power in each to make a testamentary appointment of one third of the residuary personal estate. The widow died in 1895…