Opinion
May, 1897.
Peter P. Huberty, for plaintiffs.
George A. Seaman, for defendants.
The testator devised his estate to his wife for life, with the proviso that if she remarried, she should thereafter receive only one-third of the income thereof, the executors being directed to apply the other two-thirds to the support of the testator's children. Upon her death the estate was devised to the children, but not to be divided among them until the youngest child should come of age. The mother remarried and has died, but the youngest child has not come of age. The mother's death terminated the trust, but the postponement of a division by the will prevents a partition of the real estate until the time appointed. Rogers v. Dill, 6 Hill, 415.
Let the complaint be dismissed.
Complaint dismissed.