In re the Estate of Bird

S. Samuel Di Falco, S.

The executors request the court to direct that the trust created in article 2 of decedent’s will be administered in such manner as to comply with the regulations of the Secretary of the Treasury, and that the decedent’s will be deemed to contain the provisions therein required to be contained in the governing instrument and to construe the will as containing no mandatory direction which conflicts with EPTL 8-1.8.

Testatrix’ will dated March 10, 1970 was admitted to probate June 21,1971. A split interest trust created out of the residuary estate specifies that her…