Rojas

The appellant sued in equity to establish a constructive trust in certain stock and money. From a judgment of dismissal she appealed.

' Briefly stated, the facts are as follows: Appellant is the widow of Carlos del Amo. Carlos and his brother, Jaime, were adopted sons of Susana de del Amo. The latter died in 1931, leaving a will in which she bequeathed, in trust, for Carlos and Jaime the sum of $100,000 each, the trust to terminate as to each beneficiary when he should reach the age of thirty-five years. Carlos died at the age of twenty-eight, soon after the death of his foster mother. *615 leaving a widow (the appellant) but no issue.

In respect of these trust bequests the will contained the following provisions:

“In the event that either of my said sons should die before attaining the age of thirty-five years, leaving no issue him surviving, then I will, devise and bequeath the trust fund herein devised to the survivor, to be held, though, by said trustee until the said survivor attains the age of thirty-five years; provided, however, that in the event of the death of either of said sons before attaining the age of thirty-five years he should die leaving him surviving a wife…