Commonwealth Ex Rel. Martin v. Sutcliffe

Opinion of the Court by

Sims, Commissioner

Be-versing.

Elbert H. Gary died a resident of New York on Aug. 5, 1927, and shortly thereafter his will was duly probated with the New York Trust Company, a corporation of New York City, qualifying as executor and trustee. The will devised the income on $300,000 for life to appellee, a grandson of testator, and upon his death the trustee was directed to divide the principal of the trust among his lawful issue, per stirpes. In the event no issue survived him, this trust fund reverted to testator’s estate. The will gave the absolute control and management…