Secor

Ben A. Secor appeals from an order of the probate court denying a petition by which he sought to establish his right to receive maintenance and support under the terms of a testamentary trust created by his grandfather’s will. The will of Ben M. Kincaid, duly admitted to probate in 1952, left all of the testator’s property to respondent Edward B. Corbin in trust for the following uses and purposes:

The testator was survived by his widow, Rose Kincaid, his daughter, Helen Rathbun, and his grandson Ben Secor, appellant herein. Appellant, the son of Helen Rathbun, is married but has no issue. Respondent Corbin is here in his *86 capacity as trustee and also as the duly appointed guardian ad litem of the unborn issue of the appellant. Both the widow and the daughter of the testator died during the pendency of the probate proceedings, the latter on May 3, 1954, and the former on July 6, 1954. During probate and prior to their respective deaths the widow and daughter received payments from the executor for their “maintenance, comfort and support” in conformity with the terms of the will.

The decree of distribution by which the testamentary trust was established was entered on June 8,…