In re the Accounting of Arkwright

Anthony P. Savabese, S.

This proceeding was brought for the settlement of the account of the deceased trustee of two trusts created by the will of Henry Franciscus, who died domiciled in New York on May 12, 1948.

The will of Henry Franciscus was admitted to probate by this court on July 30, 1948. Said will created a trust of two thirds of the residue to pay income to one Henrietta M. Ashton, during her life, and to distribute the corpus to such persons as Henrietta M. Ashton should by will appoint; or, in default of such appointment, to the heirs of Mr. Franciscus. While the validity of this…