In re the Construction of the Will of Cohn

Maximilian Moss, S.

This construction proceeding raises questions in respect of the validity of a trust under decedent’s will and the distribution of its remainder. The decedent died December 31, 1941 survived by his widow, Sarah, and six children. The will was admitted to probate on February 13, 1942. Letters testamentary and letters of trusteeship were duly issued.

Petitioners are the issue of the testator’s son, Joseph. They urge that the trust created under paragraph ‘ ‘ fourth ’ ’ unlawfully suspends the power of alienation and hence that the principal thereof must be distributed as in…