Sumney Estate

Opinion by

Mr. Chief Justice Bell,

Dr. Frank F. Sumney died March 20, 1938, leaving a will dated June 20, 1936. He was survived by his widow, Bessie* and by Weir M. Sumney,** Janet S. McMullen and Ruth Hughes, three children by a former marriage.

*226In President Judge Boyle's adjudication, he decided that (as to the stocks and assets in dispute) Bess bore the relationship of trustee to the remaindermen under Dr. Sumney’s will. Judge Boyle rejected the contention that Bess’s relationship to the remainder-men was that of a debtor-creditor relationship. Exceptions to this adjudication were dismissed…