In re the Construction of the Will of Lachlan

In a proceeding for the construction of a mil, the appeal is from an order of the Surrogate’s Court, Suffolk County, denying appellants’ motions, under subdivision 1 of rule 106 of the Rules of Civil Practice, to dismiss the petition on the ground that the court is without jurisdiction of the subject matter. The decedent and appellant bank entered into a trust agreement under which, so far as here pertinent, decedent delivered property to the bank, as trustee, to pay the income therefrom to her for life, thereafter to her husband, an appellant herein, and upon the death of the survivor to pay…