Daily's Estate

Opinion by

Mr. Chief Justice Kephart,

Michael Daily created a trust, the income of which was to be paid to his son James for life. At his death the trustees were “to sell, divide and to distribute” the principal or the proceeds thereof equally between his daughter-in-law and the descendants of herself and James Daily. The life tenant died leaving to survive him his widow, four children and a child of a deceased son. On the adjudication of the trust estate the principal question was whether an apportionment between life tenant and remaindermen should be made and, if so, the proper time therefor.

A…