Selby

This is an appeal from an order denying appellant’s petition for an award of attorneys’ fees to he paid out of the assets of the above entitled estate.

By her will the decedent devised the residue of her estate to the Bank of America, in trust for the life of her son Benjamin. The will provided that upon the death of decedent, her husband, and son Benjamin, the trust should terminate and the remainder of the trust be delivered “to the issue of my *466 son, Benjamin, in equal shares, share and share alike. If any of said children, being the issue of Benjamin, should die prior to the distribution of said trust estate, then the Trustee shall deliver of the balance that said child would have received to the remaining child or children of Benjamin in equal shares.” The decedent defined the term “issue” to “include legally adopted as well as natural children, and the issue of any legally adopted or natural child.”

Benjamin was twice married. Appellant Robert is the natural son of the first marriage. After her divorce from Benjamin, Robert’s mother remarried, and Robert was adopted by his mother’s second husband. On Benjamin’s remarriage he adopted his second wife’s son Gary.

The Bank…