In re the Estate of Sears

S. Samuel Di Falco, S.

In this proceeding to settle the trustee’s final account petitioner seeks a construction of the will..

Testator died a resident of this county in 1950 and under his will probated in this court, gave his residuary estate to the petitioner in trust, to pay the net income to his wife for life and upon her death, to pay said income to his daughter for life. He then provided: “I give to my said daughter, anne sears yeomans, power to appoint and provide, by her last will and testament or by deed duly executed and acknowledged to take effect after her death, for the distribution…