Gaither v. United States Trust Co.

Oxner, Justice.

This action was brought by appellant, executor of the will of his wife, Marie Tailer Gaither, for a construction of said instrument. Respondent, United States Trust Company of New York, is made the trustee of a trust created by Item II. Appellant is one of the beneficiaries of said trust and is also named as the general residuary legatee. The controversy relates to the property which may be used by the executor for the purpose of discharging the debts and estate and inheritance taxes.

Item I of the will is as follows: “I direct my Executor hereinafter named to pay all my just…