In re the Estate of Neeley

John D. Bennett, S.

In this probate proceeding the contested issue deals with the appointment of an administrator c. t. a.

Under the terms of the decedent’s will, he provided for a trust consisting of the minimum amount that he was required to provide for his spouse pursuant to the then section 18 of the Decedent Estate Law, with the remainder to be paid to his children surviving said spouse.

He provided that his residuary estate be paid one half equally to his two children and the other one half to be paid to his friend, Barbara Bernal.

The testator appointed a bank to be the executor and…