In re the Accounting of Manufacturers Trust Co.

In a proceeding to settle the final account of the trustee of an inter vivos trust, three questions of construction are presented. The trust indenture directs the trustee, upon death of the income beneficiary, to: “ transfer and pay over the principal of the trust as then constituted to Jessie Ella Parkinson, wife of the settlor or if she be not then living, to such person or persons in such shares and proportions as she shall by her Last Will and Testament appoint. ’ ’

Jessie Ella Parkinson, a resident of North Carolina, predeceased the cestui que trust, leaving a will which provides in…