Roop's Estate

Opinion by

Mr. Chief Justice Moschzisker,

Samuel W. Roop, who died in 1867, stated in his will that he had set aside, during life, eight thousand dollars in an account, or book credit, designated by him as “The Washington Fund,” consisting, as he says, of a “balance of my commissions as executor of the estate of my late partner and friend, Warner F. Washington.” Testator further stated that he had already assigned the residue of these commissions in trust for the daughter of his late partner, adding: “this balance of commissions is not set apart from the rest of my estate or invested, but I…