In re the Construction of the Will of Rockwell

Joseph A. Cox, S.

This is a proceeding brought by one of the executors named in the decedent’s will for construction of said will and for the appointment of trustees. The decedent by his will appointed his wife and the petitioning corporate executor as executors and trustees of his will and the trusts created therein but stated that if for any reason his wife failed to qualify or act, a third person named therein was to act as such executor and trustee in her place and stead.

Under article Third of the will the trustees “ acting jointly ” are given discretionary power to invade the trust…