Zoller Estate

Opinion by

Mr. Justice Allen M. Stearne,

This is a will construction case. The question presented is whether, upon the termination of an active trust for “maintenance and upkeep” of devised real estate, upon the sale of such real estate, the unexpended portion of. the trust fund passes to the surviving grantor-devisee or forms part of. testator’s residuary estate. A majority of the court below, one Judge dissenting,- ruled - that' such unexpended fund formed part of the residuary estate. The surviving devisee has appealed. . .......; William Zoller, testator,-died.-September 16, 1927. -He was…