In re Trust Under Will of McFadden

TAMILIA, Judge:

This case comes before us on reargument after a panel of this Court, in a two to one *931decision, affirmed the Orphans’ Court which dismissed exceptions to an adjudication providing the manner in which the principal and income of a trust, established upon the July 29, 1929 death of Barclay McFadden, Jr., as dictated by his April 20, 1929 will, would be distributed. The provision of the will which gives rise to this appeal is subparagraph (e) of paragraph 11 which directs:(e) Upon the remarriage of my wife, to divide, monthly, two-thirds of the balance of the income, and upon her…