Estate of Buzza

This is an appeal from decree determining heirship under which respondent George E. Buzza, Jr., prevailed over the contentions of his sister appellant Polly Buzza Lawton.

Decedent Suzanne C. Buzza was the wife of George E. Buzza, Sr. The appellant and respondent are coadministrators of her estate and are the only children of such marriage. George E. Buzza, Sr., died April 12, 1957, and Suzanne C. Buzza died December 26, 1959. On June 8, 1935, George, Senior, and Suzanne executed an agreement for an inter vivos trust. By its terms the income therefrom went to Suzanne for her life, and in the event that she predeceased George, Senior, the income went to George for his life, and upon the death of both Suzanne and George, Senior, the trust terminated and the corpus vested in appellant Polly Buzza Lawton. The terms of the original trust relating to its termination provided as follows: “Upon the death of said George E. Buzza and Suzanne C. Buzza, leaving her daughter, Polly Suzanne Buzza, them surviving, the trustee shall convey, transfer and deliver to said Polly Suzanne Buzza the corpus and accrued income then remaining of said trust estate freed from all of the provisions…