In re the Accounting of Bankers Trust Co.

Moss, S.

The residuary trust created by testator under paragraph “ Second” of his will as modified by the codicil has terminated and the substituted trustee seeks judicial settlement of its account and a construction of the will and codicil to determine the persons entitled to share in the remainder.

Testator died May 1, 1901, leaving a will dated October 20, 1897, and a codicil dated October 20, 1899. By paragraph “ Second ” of the will a trust of the residuary estate was created to continue during the lives of testator’s widow and his nephew, Frank D. Waterman. The income therefrom was to be…