Goodell's Estate

Ladner, J.,

— The principal question raised by the exceptions is whether a settlor, who has reserved in a deed of trust “the right to make any change in the limitations” therein “contained with respect to distribution of principal and income”, exhausts this right by one amendment where the amending instrument contains no further reservation. We agree with the learned auditing judge that the two cases of our Supreme Court, viz, Slifer et al. v. Beates et al., 9 S. & R. 166 (1822) , and Ex Parte Elliott, 5 Whart. 524 (1840), cited by exceptant’s counsel, are not controlling for the reasons well…