Estate of Buzza

[599]

McMURRAY, J. pro tem.

*

This is an appeal from decree determining heirship under which respondent George E. Buzza, Jr., prevailed over the contentions of his sister appellant Polly Buzza Lawton.

Decedent Suzanne C. Buzza was the wife of George E. Buzza, Sr. The appellant and respondent are coadministrators of her estate and are the only children of such marriage. George E. Buzza, Sr., died April 12, 1957, and Suzanne C. Buzza died December 26, 1959. On June 8, 1935, George, Senior, and Suzanne executed an agreement for an

inter vivos

trust. By its terms the income therefrom went to Suzanne for her life, and in the event that she predeceased George, Senior, the income went to George for his life, and upon the death of both Suzanne and George, Senior, the trust terminated and the corpus vested in appellant Polly Buzza Lawton. The terms of the original trust relating to its termination provided as follows: “Upon the death of said George E. Buzza and Suzanne C. Buzza, leaving her daughter, Polly Suzanne Buzza, them surviving, the trustee shall convey, transfer and deliver to said Polly Suzanne Buzza the corpus and accrued income then remaining of said trust estate freed from all of the provisions hereof.”

On October 15,1943, this termination provision was amended to provide that the income would go to Suzanne during her life and, upon her death leaving George, Senior, surviving, the income was to go to Polly during her lifetime. It was further provided that upon the death of George, the trust was to terminate and the corpus was to be distributed to Polly. It also set forth that upon the death of George, Senior, leaving Suzanne surviving him, the trust was to terminate and the corpus thereof was to be distributed to Suzanne. The language of this 1943 amendment is as follows: “. . . income to the said Suzanne 0. Buzza during her life and in the event of her death, leaving her surviving the said George E. Buzza, the said remaining income shall be paid to Polly B. Lawton, during her life.

“Upon the death of said George E. Buzza leaving his former wife, Suzanne C. Buzza him surviving the trustee shall convey, transfer and deliver to the said Suzanne C. Buzza the corpus and accrued income then remaining of the said trust estate freed from the provisions hereof. If the said Suzanne C. Buzza shall predecease the said George E. Buzza and the