Weir's Estate

Opinion by

Mr. Justice Linn,

The executor of Fannie M. Weir appeals from distribution in the adjudication of the account of a trustee under a deed of trust executed by Ella H. Weir. The appeal involves the construction of the will of Adam Weir. The learned court below held that by the conduct of Fannie M. Weir, her executor was estopped from claiming under the deed of trust.

On July 31, 1920, Ella H. Weir, wife of Adam Weir, executed and delivered to Washington Trust Company, a deed of trust by which she transferred $20,000 in trust to pay the net income to her husband for life, and, if she…