Moore Estate

Opinion by

Mr. Justice Linn,

Appellant hospital complains of the refusal to award a legacy claimed under a codicil. The claim was presented at the audit of the trustees’ first account. Payment was refused on the ground that the gift was subject to a contingency contained in the will and that the contingency had not yet happened.

Testator died January 14, 1927, leaving a will dated June 27,1924, and a codicil dated May 4,1926. He was survived by a widow, a daughter-in-law, and by a grandson, Edward J. Moore, 2nd; the grandson’s age is not stated, but apparently he was quite young when the will…