Clabby's Estate

Opinion by

Mr. Justice Barnes,

The trust in this case was created under the will of Joseph F. Clabby, who died unmarried on July 21,1922, possessed of an estate of $821,679.59, invested almost exclusively in nonlegal securities. Under the terms of his will, he bequeathed to a brother, Thomas F. Clabby, one-half of his estate absolutely, naming him as executor and trustee. He gave the residue in trust to divide the net income into four equal parts, and to pay one part to each of his three sisters, Ella J. Cooper, Mary A. Messier and Maggie Ann Butler, and to another brother, William P. Clabby,…