In re the Accounting of Kellogg

Francis A. Sturges, S.

Upon the judicial settlement of the account of proceedings of the executrix, Mary D. Kellogg, the executrix, by petition dated August 27, 1959 has asked for the construction of the will as a whole, and particularly to obtain a determination: First, as to whether paragraph “second” of said last will and testament grants to Mary D. Kellogg, the legatee named in said paragraph, the absolute right to the estate of the decedent; second, as to whether said paragraph “ second ” imposes a trust upon the estate of the decedent.

Jessie Fesenmeyer, a sister of decedent, by petition…