In re the Will of Swart

J. Kenneth Servé, S.

In its final accounting proceedings, the accounting trustee has requested a construction and determination as to the meaning and intent of the trust provisions in paragraph Twenty-second of the decedent’s will, which paragraph reads as follows: 11 Twenty-second. In case my estate amounts to more than the sums named in the bequests, the remaining amount is to be divided into eight equal parts. Two parts I give and bequeath to my sister-in-law Mrs. Anna W. Etheridge or her heirs, Two parts to my sister-in-law Mrs. Hattie Etheridge or her heirs, Two parts I give and bequeath…