In re the Accounting of Fisher

Millabd, S.

Upon the petition for a judicial settlement of the final account of Effie S. Fisher, as executrix under the will of this decedent, the executrix requests a construction of the “ First ” clause of the will, which reads as follows: “ First: After my lawful debts are paid I give, devise and bequeath all my property real, personal and mixed wherever situated absolutely and in fee to my beloved husband, Abbaham J. Bien, provided, however, that in the event that my beloved husband, Abbaham J. Bien, die by reason of any disease, pestilence or disaster common to both him and me, then I…