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MATTIE E. KELVEY et al., complainants-respondents, v. SAMUEL P. TULL,trustee, defendant-appellant.

Testatrix' will provided that her residuary estate be held in trust and invested, and that the income be divided equally among her daughter and two named grandchildren during the lifetime of the daughter; after her death, the income was to be paid equally to the grandchildren and upon each reaching the age of twenty-one, he was to get half of the corpus. The daughter and two grandchildren, both now of age, apply for an equal division of the trust fund among them. There being no other persons now having any interest contingent upon the death of any of the cestuis que trustent which would prevent a termination of the trust, and there being no creditors of the testatrix or other valid legal objection to terminating the trust, held, that the corpus be distributed according to the prayer of the complainants.

PER CURIAM.

The decree appealed from will be affirmed, for the reasons expressed in the opinion of Vice-Chancellor Davis.

For affirmance — THE CHIEF-JUSTICE, LLOYD, CASE, BODINE, DONGES, HEHER, PERSKIE, HETFIELD, DEAR, WELLS, WOLFSKEIL, RAFFERTY, JJ. 12.

For reversal — None.

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KELVEY v. TULL
(Jan 31, 1936)