Estate of Selna

Ubaldo Selna, senior, died testate, leaving him surviving a widow and two sons, Primo and Ubaldo. The will, after making some money legacies, devised and bequeathed all the remainder of testator’s property to David Porter and Peter A. Gianinni, in trust, to hold, manage, and invest the same for and during the life of his mother, Pavola Selna, and from the income thereof to pay her twenty dollars per month until her death, and the remainder of the income to pay or expend for the use of said sons; and “from and after the death of my said mother, I do give, devise, and bequeath all the said rest, residue, and remainder of my property, and all accumulations thereof, if any, and all the property into which the same, or any part thereof, may then have been converted or invested by said trustees, or either of them, unto my said sons, Primo and Ubaldo, share and share alike.”

The estate of Ubaldo Selna, senior, has been administered and distributed to the trustees upon the trusts named in the will. The entire amount thus distributed in trust was about $37,000, on deposit in various savings banks, which amount has ever since been and is held by the trustees. Said Ubaldo *234 Selna,…