Kinsell

The basic problem for decision is whether certain assignments of interests in a testamentary trust were effective, thus decreasing or defeating the interests of .the appellants. The trial court held such assignments effective. We disagree; the assignors merely possessed contingent remainders ; on the nonoceurrenee of the condition the assignee possessed nothing.

The following genealogical chart * will be helpful in understanding the problem involved.

Eleanor Haney died January 19, 1913. Her will was admitted to probate February 11, 1913. Paragraph 10 provided :

The testatrix was survived by Eleanor Hickman, Mary Kin-sell and four of her children, Benjamin, Helen, Dudley and Omega; a fifth child, Henry Searing Kinsell, had predeceased the testatrix, but left as his survivor Henry Smyth Kinsell.

Prior to the probate of the testatrix’s will Mary Kinsell and three of her children, Benjamin, Dudley and Helen, assigned any interests they might have by virtue of paragraph 10 to Eleanor Hickman. The four decrees of distribution, which together established the corpus of the testamentary trust, transferred to the trustees property from which the rents, issues and profits were to be…