Fisher's Estate

Opinion by

Mr. Justice Parker,

This appeal involves the right to apportionment of the proceeds of a sale of cumulative preferred stock of a corporation among successive life tenants and remaindermen in a testamentary trust. A new question is presented as the cases of apportionment heretofore decided by this court have been concerned exclusively with common stock.

Mary Marlin Fisher died on February 17,1938, after providing by her will that a portion of her residuary estate should be held in trust for her daughter, Augusta F. Porter, for life, then for her grandson, William L. •Mitchell, for…