Fownes Estate

Boyle, P. J.,

The question involved is whether the life estate of testator’s widow in a residuary trust is “property . . . passing to a surviving spouse” within the meaning of section 7(4) of the Wills Act of April 24, 1947, P. L. 89, so as to preclude an afterborn child from participating in the principal of the trust during the life estate.

Henry C. Fownes, 2nd, testator, made his last will and testament on May 18, 1945. He died on August 25, 1948, survived by his widow, Eleanor Hains Fownes, and three children, John Townsend Fownes, Betty Fownes, and Richard Herbert Fownes. John Townsend…