In re the Construction of the Will of Searle

Maximilian Moss, S.

This is a proceeding to obtain a construction of testator’s will probated on July 1, 1940, and in particular, section 2 of article “ Sixth ” thereof.

Testator created a residuary trust for the lives of his two sisters with income payable to them and a brother in certain proportions under varying contingencies. Section 2 provides for distribution of the principal of the trust upon the death of the survivor of the two sisters. The surviving sister died, thus terminating the trust. The brother predeceased the surviving sister.

The question of construction relates to the…