Neafie's Estate

Opinion by

Me. Chief Justice Kephabt,

The will of Jacob Neafie, who died January 16, 1898, created successive life estates in the income of a trust; first, to his daughter, Mary E. Whitaker, and on her death, to her two children, J. G. N. Whitaker and Anna Whitaker (now Jardine). Upon the death of J. G. N. Whitaker on January 21, 1928, Anna Jardine became and continues as the party solely entitled to the income.

Included in the trust were 107 shares of the Fidelity Trust Company which, at the testator’s death, had an intact value of $244.41 per share. In 1912, through an increase in…