In re the Estate of Byrd

Robert J. McDowell, S.

This proceeding was instituted by the trustee, Manufacturers and Traders Trust Company, duly appointed by this court on March 10, 1941 to obtain a deter*233mination as to the validity, construction or effect of the trust created in paragraph “ fifth ” of the will of the testator, which reads as follows: ‘ ‘ Upon the marriage or death of the aforesaid Bertha A. Betty, and or that of Minnie Betty, surviving her, the income of the perpetual fund, established from the residue of my estate as hereinbefore directed, shall be expended for the care, maintenance and education of…