Walton Estate

Opinion by

Mr. Justice Patterson,

This is an appeal by Clarence S. Walton from the refusal of the court below to surcharge the trustee of an estate of which he is a life tenant.

Annie F. Walton died July 17,1929, and by her will bequeathed $25,000. to the Fidelity Trust Company, trustee-appellee, to pay the interest to her sister, Florence E. Farley, for life. Upon her decease the principal became part of the residuary estate which was given in equal shares to her four children. The share of Clarence S. Walton, however, was to be held in trust for his life, with remainder over.

On March 25, 1930,…