In re the Accounting of Fleming

Collins, S.

The accounting executor asks a construction of the codicil, which reads: “ If, at the time of my death, I own.any shares of the stock of The Electric Meter Corporation * * * I hereby devise and bequeath all of the shares of said stock .to Mary Fleming * * * to be held in trust for her until she is twenty-one years of age and I hereby appoint Franz H. Armbruster * * * as trustee without bond.” The executors and the special guardian maintain, that the testatrix has attempted to create a passive trust and that title to the securities vests in the infant. The named trustee contends…