In re the Estate of Cassidy

Appeal from an order of Surrogate. Bogan, ¡entered in Albany County Surrogate’s Court July 25, 1944, *635which dismissed a proceeding brought pursuant to section 219 of the Surrogate’s Court Act.

This proceeding is to secure the payment and delivery of a trust fund. The trust fund was established by the will of Lucie R. Cassidy and, briefly stated, provides that the income be paid to a son, Edward R. Cassidy, during his life and upon his death, if he leave issue, the principal to vest in such issue.

The petition recites that Edward R. Cassidy died on October 8, 1942, at Port Blanc en Baden,…