In re the Final Judicial Settlement of the Accounts of Hoyt

Laughlin, J. (dissenting):

I dissent upon the ground that the testator did not intend to create an estate for his daughter which would survive her and pass by will or descent, but only to give her so much of the income of the trust fund as should be used by her or for her benefit during her life, or necessary to pay obligations incurred for her use and benefit.

Decree modified as directed in opinion, with costs to appellant payable out of the estate. Settle order on notice..