In re the Accounting of Rosenman

Rtjbenstein, S.

The petitioners herein, as an incident of the judicial settlement of their account as trustees, seek a determination as to the proper distribution of the remainder of the trust created under paragraph “ Fifth ” of testator’s will for the benefit of his daughter, Esther Shir. The trust has terminated by the death of such daughter.

Under the terms of paragraph “ Fifth ” of his will testator devised and bequeathed a one-sixth part of his residuary estate to his trustees to pay the income thereof to his daughter, Esther, for life, with provision for payment of portions of the…