Bilyeu's Estate

Stearne, J.,

Exceptions are taken to an adjudication of an account of a testamentary trustee, concerning the distribution ordered by the auditing judge. The trust is terminated because of the death of the life tenant.

In order to encompass the questions in controversy, it is necessary to recite certain of the facts, even though they are accurately and meticulously recited in the well-considered adjudication.

Testator died in 1897. The will first erects a trust of the residuary estate for the life of the widow. Upon the audit of the executor’s account it was so awarded. The life tenant died in…