In re the Will of Powers

Maximilian Moss, S.

This proceeding seeks the judicial settlement of the account of petitioner as substituted trustee of the secondary trust for testator’s grandson, Robert De Bevoise Powers, which terminated by his death on July 21, 1958, without issue. Petitioner further presents a question of construction to determine the persons entitled to receive the remainder of the trust estate and in what proportions under the trust provisions contained in paragraph Twelfth of testator’s will as modified by paragraph First of the codicil.

Testator died on December 27, 1899, leaving a will dated May 13,…