McWilliams' Estate

Ladner, J.,

dissenting. — I feel impelled to dissent from the majority in this case, not only because of the reasons expressed in the dissenting opinion (in which Van Dusen, P. J., joined) in Collopy’s Estate, 33 D. & C. 169, 173, but because this case goes even farther than the majority of this court went in that case. There the rule suggested in comment (6), sec. 58 of the A. L. I. Restatement of Trusts, was followed, viz:

“The death of the beneficiary of a tentative trust.of a savings deposit prior to the death of the depositor terminates the trust, and even though the depositor dies without…