Trusts and trustees — Wills — Gifts to children — Remainders — Income.
1. A will created a trust, the income of which was to go to testator's children and the issue of deceased children per stirpes for life, and, upon the death of the last of testator's children, the principal to be distributed per stirpes among the children surviving issue, and the will specified that the income should not be subject to the debts of the beneficiaries, and that the share of each daughter or granddaughter should be for her sole and separate use, the income to "be payable to her only," and a codicil gave power of appointment to any of the children dying without surviving issue to dispose of the share represented by him or her; in such case any grandchild entitled to a share of the trust income took such share for the term of his or her life only, and not for the life or lives of the testator's surviving children, and the personal representative of a deceased grandchild was entitled only to such income as had accrued at the time of his decease. [265-266]
2. The intention of the testator was to benefit only living children and grandchildren and to limit the succession of the share of any dying without issue to survivors, excluding personal representatives. [267-268]
Argued November 25, 1931.
PER CURIAM, January 5, 1932.
The judgment of the Superior Court, sustaining the decree of the orphans' court, is affirmed on the opinion of Judge LINN, which states the facts and the conclusions of law so lucidly and fully that nothing could be added with any benefit. Costs to be paid by the estate.