Bobys v. Bobys

OPINION

HOLTZOFF, District Judge.

This is an action by the trustees of a testamentary trust for the construction of the will. Their problem relates to an estate pur autre vie. Specifically the trustees request instructions as to what *322disposition should be made of the income bequeathed to a person pur autre vie, if the legatee predeceases the person for whose life the estate is to last. The matter is before the Court on plaintiffs’ motion for summary judgment, as the facts are not in dispute.

The case concerns the will of Phil Bobys, which was probated in this Court on May 18, 1961. After making…