In re the Accounting of Hutton

John J. Dillon, S.

In this accounting proceeding the executor seeks construction of that portion of subdivision (e) of article “ second ” of the will under which the testator gave and bequeathed to his wife: “ all my right, title and interest in and to the partnership known as Parker’s Book Shop on condition, however, * * * that in the event my said wife sells said business, she shall pay over one-half of the net proceeds of sale to my said children, share and share alike.”

The testator died a resident of Westchester County on February 20,1956 and his will dated July 24,1947 was duly admitted…