
    Ivison’s Estate.
    
      Decedents’ estates — Trusts and trustees — Life tenants — Security for legacy.
    
    Where testatrix left to her husband, the executor of her estate, all her interest in a property with the provision that he should pay interest on $5,000 for the maintenance of testatrix’s grandson, the said $5,000 to revert at the death of the husband to the estate for the use of the grandson, the husband was properly required to give bond to secure the payment of the said interest and principal as provided by the will of testatrix.
    Kemmerer’s Est., 251 Pa. 282, followed.
    Argued March 5,1917.
    Appeal, No. 271, Jan. T., 1916, by I. D. Ivison, from decree of O. C. Franklin Co., requiring a life tenant of personalty to enter security in Estate of Kate Keyser Ivison, deceased.
    Before Mestrezat, Potter, Moscitzisker, Frazer and Walling, JJ.
    Affirmed.
    Petition to require a life tenant of personal property to enter security. Before G-illan, P. J.
    
      Kate. Heyser Ivison. died testate, June 1, 1912. Her will consisted of a formal paper and a letter of instructions to her executor and was duly probated before tbe register of wills of Franklin County and letters testamentary granted to I. D. Ivison, one of her executors, tbe other renouncing. The formal will gave to ber executors tbe residuary estate in trust with power to convert tbe same into money and to invest and reinvest tbe same in lawful securities, tbe income to be paid to tbe guardian of ber grandson, George W. Brodbead, tbe principal of tbe said fund to be paid to George W. Brodbead absolutely, when be became twenty-one (21) years of age. In case of bis death before be became twenty-one years of age without child or children surviving, tbe residuary estate was given to certain other persons.
    Tbe letter of instructions probated as part of tbe will gave to I. D. Ivison, tbe husband of tbe testatrix, all ber interest in tbe Hotel Washington, “be to pay tbe interest on five thousand (5,000) dollars at tbe rate of five (5) per cent, to my estate tbe same for (interest) maintenance of my grandson, George Wills Brodbead; interest not to begin for one year after my death and at tbe death of my husband, I. D. Ivison, the five thousand (5,000) dollars to revert to my estate for tbe use of my grandson, George Wills Brodbead, if of age. If not, to be invested to tbe best advantage by tbe trustees, interest only to be used. In case my grandson before reaching tbe age of twenty-one (21) years should die without issue, I give and bequeath to my husband, I. P. Ivison, all money, bonds, mortgages”; tbe remainder of tbe estate being-given to certain legatees.
    I. D. Ivison elected to take under bis wife's will. He filed bis account as executor which was excepted to and tbe exceptions in part sustained. On February 7, 1916, tbe Philadelphia Trust Company, guardian of George Wills Brodbead, tbe minor grandson of tbe testatrix, presented its petition to tbe Orphans’ Court of Franklin County for a rule on I. D. Ivison to turn over tbe certain articles given to Mm for life or until he should remarry and to require him to give security in the sum of ten -thousand (10,000) dollars for the payment of two hundred fifty (250) dollars to the guardian of George Wills Brodhead annually and to pay the principal sum to the said George Will's Brodhead, as provided by the will of the testatrix.
    I. D. Ivison, in Ms answer to said petition, expressed Ms willingness to turn over the articles of personal property valued at about four hundred (400) dollars but denied the right - of the guardian to require Mm to give security on the ground that the money was payable by him as legatee not to the guardian but to himself as trustee under the will of his deceased wife and that as trustee he had active duties to perform and, therefore, should not be required to give security.
    The court decided that the case was ruled by Kemmerer’s Est., 251 Pa. 282, and directed I. D. Ivison to enter security in the sum of $8,000. I. D. Ivison appealed.
    
      Error assigned was the order of the court.
    
      Charles Walter, with him Arthur W. Cillan, for appellant.
    
      Irvin C. Elder, with him John Stoclcburger, James E. Eagen and Walter K. Sharpe, for appellee.
    March 19, 1917:
   Pee Cueiam,

We agree with the learned judge of the Orphans’ Court that this case is ruled by Kemmerer’s Est., 251 Pa. 282, and, therefore, the-decree is affirmed.  