In re the Estate of de Constantinovitch

Foley, S.

In this accounting by the trustee instructions are requested as to the disposition of a portion of the income. The testatrix died in 1921. She created a trust of all her residuary estate for the benefit of her husband during his life. Upon the death of the husband the trustee is directed “ to pay over and deliver the whole of said principal, capital and corpus of the estate with accumulations, if any, to the lawful issue of Heyward Cutting who should survive my husband.” The husband, who was the life tenant of the trust, died on May 4, 1941. The accounting shows that there is some…