Carwithen's Estate

Opinion by

Mr. Justice Linn,

This appeal is from a declaratory judgment that the petitioning trustees have the right to invest trust property in common and preferred stock of corporations.

Testator died November 13, 1927, leaving a will dated December 29, 1925. He gave two-thirds of the residue of his estate to trustees to pay the income to certain persons for life and then to distribute the principal. While the entire fifth article of the will must be considered in dealing with the powers vested by the testator in his trustees, it will be sufficient for present purposes to quote paragraph 3 of…