Empire Trust Co. v. Raynolds

In this action for a judicial settlement of a trustee’s account and for a construction of the will and codicils of the testator, the trustee moves for summary judgment.

The testator died in September, 1918, leaving a will and five codicils which were admitted to probate in January, 1919. By his will and codicils, the testator gave his nephew, Charles Popham Hidden, an outright legacy of $500,000 and created 15 trusts. Eight of the trusts provided that upon the death of the life tenant the corpus of each trust was to be disposed of as part of the residuary estate which was left entirely to…