In re the Estate of Phillips

Foley, S.

On the settlement of the decree submitted in this accounting proceeding a question is raised as to the distribution of $5,506 set forth in the account as a balance of income. The executors contend that said sum represents surplus income and should be paid to the testator’s daúghter. The trustee named in the will contends that said sum should be paid to it under the terms of the will by which the executors were directed to transfer the residuary estate to said trustee.

Testator’s will, after providing for the payment of debts and legacies, directed that the residuary estate be disposed…