Smith's Estate

Opinion by

Mr. Justice Linn,

These appeals are from the final distribution of the residuary trust estate of J. Bundle Smith, who died in 1908. After the death of his widow, who was life tenant, his trustees filed two accounts of the property which had been awarded to them at the adjudication of the executor’s account, one of the personal and the other of the real estate.

Two questions are presented: Did the widow share in the residue? Was there a conversion? The residuary clause provided:

“SIXTH: All the rest, residue and remainder of my estate, real personal and mixed of whatsoever kind or…