In re the Construction of the Will of Sulima

Collins, S.

Subdivision II of the fifteenth article of decedent’s will created a trust of a portion of the residuary estate *160and directed that the entire trust income be paid to the beneficiary during his lifetime. The court is asked to construe the direction in the will that upon the death of the income beneficiary the principal of the trust fund “ and any income remaining undistributed in the hands of the trustee ” be paid to a named remainderman.

There is no question but that decedent intended to give the entire income of the trust to the beneficiary during the latter’s lifetime. The trustee…