Moorhead's Estate

Opinion by

Henderson, J.,

The testator having created a trust with respect to his estate made provision for the payment to his children or their issue of fixed annuities. The amount so disposed of is less than the income of the estate. An income surplus was therefore produced, distribution of a part of which is the subject of the controversy brought before us on this appeal. It is conceded that the fund in question is disposed of by the following clause in the testator’s will: “If there be anything remaining of my estate after the payment of all the annuities, bequest's, devises and legacies…