Shafer

The question presented on this appeal is whether the executor of the estate of the deceased life beneficiary of a testamentary trust is entitled to the income which came into the hands of the trustee in the period between the last quarterly payment of income to the life beneficiary and the date of the latter’s death. The executor has appealed from an order determining that he was not entitled to receive such income from the trustee.

By a decree of distribution in the estate of Faith Cole Richardson, deceased, certain property was ordered to be to the designated trustee as the corpus of the first trust under the decedent’s will. In the decree it was further in part as follows: “1. The trustee shall pay to or apply for the use and benefit of William TI. Richardson, during his lifetime, and for and on account of his support and all of the income from the corpus of this first trust estate from September 13, 1958, payable in quarterly or other convenient installments, but not less than annually. . . . 3. Upon the death of William H. Richardson, this first trust shall cease, and the remaining corpus and any undistributed income shall go to augment the trust estate of the second trust…