In re the Construction of the Will of Cook

Samuel Fails, S.

In this construction proceeding the petitioner seeks a determination as to whether or not an adopted child of testator’s granddaughter is entitled to receive the remainder of a trust created under article “seventh” of testator’s will.

The testator died a resident of Westchester County on September 27, 1939, and his will dated November 1, 1935 was duly *104admitted to probate and letters testamentary and letters of trusteeship thereon were issued to the petitioner on October 9, 1939.

Under article “ seventh ” the testator bequeathed $5,000 to trustees who were directed to pay the net…