MALTBIE, C. J.
In this action the plaintiffs are seeking to secure a judgment terminating a trust established in the will of Hermine Peiter. The trial court refused that relief and from its judgment for the defendant the plaintiffs have appealed.
In the will, the residue of the testatrix' estate was given in trust with this provision: "I direct my trustee to pay to my brother, Frederick Peiter ... during his life to him or his conservator, so much of the income...
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