In re the Construction of the Will of Rosenzweig

William T. Collins, S.

In this proceeding to construe the will two questions are presented for determination: (1) As to whether certain payments under a contract made by testator in his lifetime and received subsequent to his death and to be subsequently received are principal or income or both; (2) as to whether a portion of the income bequeathed to testator’s brother under article Fourth of the will to take effect upon death or remarriage of the widow of testator now passes to him since she has exercised her right of election to take against the will.

With respect to (1) (supra), the court…