In re the Construction of the Will of Wohlstadter

Moss, S.

In this construction proceeding the court must determine the manner of computing the residuary trust created for testator’s widow. The question is presented because of an option granted to testator’s son, Jerome, under paragraph “ Eighteenth ” of the will, to purchase testator’s interest in a closely held corporation at 25% of its book value. The widow contends that her trust must be set up without regard to the benefit conferred on the son and her trust computed on the full value of testator’s interest in the corporation.

The trust provision for the widow is contained in paragraph ‘ ‘…