In re the Estate of Drake

Wingate, S.

The question of testamentary interpretation here propounded relates to the validity under section 42 of the Real Property Law of a direction by the testator relating to the residue of the estate, to “ invest and reinvest the same * * * and * * * to divide the income into three equal parts and to pay said income quarter-yearly to Annie M. Burk * * * to Alfred Winslow Drake * * * and to Chester Alwyn Drake * • * * as long as each shall live. As each of the above-named persons die, I direct that the income of my estate shall be divided among and be paid to the survivor until the last…