In re the Estate of Grubel

John D. Bennett, S.

In this proceeding one of the trustees requests a construction of paragraph Sixth dealing with the power to invade the principal for the benefit of his cotrustee, who is the income beneficiary and testator’s widow.

Paragraph Sixth of the will reads in part as follows:

“All the rest, residue and remainder of my estate, and so much of the parts hereinabove devised that may have lapsed because of the failure of heirs, I give, devise and bequeath unto my beloved wife, irene grubel and my good friends Isidore j. fox, also known as i. j. fox, fifth avenue furrier, of New York City…