In re the Estate of Cole

Sheils, S.

In this accounting proceeding the executor has requested a construction of paragraphs second, sixth, seventh and ninth of the will.

The decedent died in Yonkers, N. Y., on October 12, 1935, leaving a will dated August 13, 1934, admitted to probate on January 23, 1936.

Her distributees are Elias Cole, her husband, and Herbert L. Cole, a nephew. The will reads as follows:

“ I, Mildred Cole, declare this to be my last will and testament. I hereby revoke and cancel and annul all former wills.

“ First. As soon after my death as is possible I desire that my funeral expenses be paid.

“ Second.…