In re the Estate of Comfort

Foley, S.

Certain questions have been raised by the special guardian appointed in this accounting proceeding which make necessary a construction of the will.

The testator directed the creation, out of his residuary estate, of five separate trusts, one for the benefit of his wife and the other four for the benefit of each of his children. Under paragraph fifth of his will, he authorized his executors and trustees to advance from principal to the beneficiary of any trust amounts not to exceed in the aggregate one-third of the total value of the share set apart for such beneficiary. Pursuant to…