In re the Estate of Suydam

Foley, S.

On this accounting the executors of the deceased trustee request a construction of the will of the decedent. The sole question raised is as to the final distribution of a trust fund created by the will. The application for the construction at this time is denied as premature. (Matter of Hance, 180 N. Y. Supp. 269; affd., 192 App. Div. 904; Matter of Mount, 185 N. Y. 162; Matter of Franklin Trust Co., 190 App. Div. 575.) The trust has not terminated. The two life tenants are still alive. Under the provisions of the will various contingencies and gifts over are created. The remainders…