In re the Accounting of Brooklyn Trust Co.

Rubenstein, g.

In connection with the judicial settlement of an account, construction of testator’s will is sought.

By the terms of paragraph “ Fifth ”, testator’s residuary estate is set up in trust for decedent’s wife with income payable to her for life. Upon her death the principal is divided into three equal parts. Then follows the pertinent provision creating the gift: “ I give, devise and bequeath one (1) of such equal parts, constituting one-third (%) of said trust fund, unto my nephew, Robert J. Keller, Jr., or, if he shall have predeceased me, to his issue per stirpes, ghould my said…