In re the Construction of the Will of Levinson

Maximilian Moss, S.

Petitioners seek a determination as to the authority of the trustees to invade principal of the trust created by testator under paragraph "Fourth” of his last will and testament. A determination is also sought with respect to the proper allocation of certain moneys received subsequent to testator’s death.

With respect to the latter question, the testator was engaged in the practice of 'law as a member of a law firm. At the time *980of his death there were a number of cases pending and undetermined wherein testator’s law firm was retained on a contingent fee basis. One of said…