Grotenrath v. Grotenrath

The appellants first contend that’ since the widow of Fred Grotenrath is still living and no distribution of the estate may presently be made, the petition for construction was prematurely made, and therefore the court should have declined to construe the will.

*384It is generally held that courts will not ordinarily construe provisions of a will where no present payments of income are to be made, or where the time has not arrived for distribution of the principal (In re Klumpf's Estate, 95 Misc. 436, 158 N. Y. Supp. 1094) ; that courts will not ordinarily render advisory opinions where the…