In re the Estate of McGowan

Foley, S.

A question of construction is presented in this accounting proceeding by reason of the fourth paragraph of the will which reads as follows:

*190“ Fourth. I give, devise and bequeath to my brother John McGowan, the sum of Two thousand dollars, said money shall be placed in trust, and Twenty-five dollars shall be given to him by my executor, monthly, until the said $2,000 has been used up.”

The accountant has been acting as trustee of this fund and by reason of payments made there is a balance to the credit of the fund of $750.

The legatee is now dead and an administratrix has been appointed…