Pengelly Estate

Opinion by

Mr. Justice Chidsey,

The question here involved is the validity of an instrument purporting to create an inter vivos trust.

James H. Pengelly died testate on February 28, 1947 survived by his wife, Katie W. Pengelly. His will, dated December 13, 1945, revoked all prior wills and was duly probated March 4, 1947. Letters testamentary were issued to F. Edwin Titlow who also was named trustee under a “Living Trust Agreement” dated October 22, 1943, the subject matter of this litigation.

The will gave nothing to the widow who elected to take against it. No children were born of the…