In re the Estate of Lensman

Henderson, S.

On this application for a payment of part of the principal of a trust fund, the respondent trustee asks for a construction of the will of the decedent, who died July 7, 1924.

The testator gave one-half of his residuary estate in trust to his trustee to receive and pay the income thereof to his sister, the petitioner, until she attains the age of sixty years or becomes a widow prior to that time. Upon the happening of either event he gives her the remainder thereof. Upon her prior death, he gives such remainder to his brother.

The brother consents to such payment, but the petitioner…