Weir

This is an appeal by plaintiff from a summary judgment entered in favor of defendants.

The defendants are Hugh John Snow and Ann Marie Mercer, coexeeutors of the Estate of Jessie Elder Hill, and Charles Walter Hall, trustee of the Estate of Ellen M. Hill. Plaintiff is the grandchild of Ellen and a beneficiary of a trust created by Ellen’s will.

Ellen died on November 16, 1939; her surviving husband, Dr. John G. Hill, acted as the executor of her estate. John subsequently married Jessie Elder Hill.

On August 27, 1941, the residue of Ellen’s estate was distributed to John as testamentary trustee. The decree of distribution shows that John was the life beneficiary, together with certain specified charities, of the income of the trust. The decree of distribution further shows that the successor life beneficiaries and the remaindermen under the trust were Gladys Hill Adams (daughter of Ellen and John) and her issue together with certain specified charities. One of the assets distributed to John as trustee was lot 84 of tract 8060, hereinafter referred to as parcel A. The trust accountings in the estate of Ellen Hill show that parcel A was appraised at the death of Ellen at $18,000…