Kates's Estate

Opinion by

Mr. Justice Simpson,

The present testator had an estate of his own, and also a general power of appointment over a portion of the estate left by his father. His widow and two children survived him; the widow elected to take against his will, and claimed to receive one-third of . both estates * the auditor decided she was only entitled to one-third of such property as the testator personally owned; the orphans’ court held otherwise and this appeal followed.

The father’s will provided that his residuary estate should be held in trust, the income to be divided equally between the present…