Nirdlinger's Estate (No. 1)

Opinion by

Mr. Chief Justice Kephart,

This case involves a dispute over the right of apportionment of a cash dividend between successive life tenants. Samuel P. Nirdlinger died testate on November 13, 1918. His will created a trust in the residue of his estate with directions to the trustees to pay to each of several life tenants a specific percentage of “the net rents, issues, interest, income, dividends and revenues”; one being his son, Frederick G. Nixon-Nirdlinger, who was awarded twenty-nine per cent. Frederick died on March 11, 1931, and, under the terms of the will, his share of the net…