In re the Construction of the Will of Herz

Frankenthai,er, S.

This proceeding was instituted by the executors of decedent’s estate to obtain a construction of her holographic will.

■ Testatrix provided that “ as yet all the Monroe Bosenau estate is not settled — Just as soon as it is — I want a trust fund established as I state below — I want a trust fund of sixty-five ($65,000) thousand dollars established Monroe Bosenau referred to above died October 16, 1948, but at the death of testatrix on January 4, 1951, his estate was still being adminis*1079tered. The court holds that the will creates a valid trust in the principal amount of $65,000…