ARTHUR HOWARD v. Chapman

MR. PRESIDING JUSTICE SMITH

delivered the opinion of the court.

Three cases involving the interpretation of the testamentary trusts created in the will of Levi Z. Leiter were consolidated in this court for purpose of appeal. Cases 51,638 and 51,720 have been disposed of and have no bearing on the issue here involved. The trial court held in Case 51,721 that attempted assignments by present income beneficiaries of their rights to receive income from the trust were invalid under the terms of the will. This appeal is from that order.

The last income beneficiary is now dead and the time for a…