In re the Accounting of Wildhack

Moss, S.

The court is petitioned to construe the testator’s

will in order to determine whether the trust created under the provisions of paragraph “ Twenty-Third ” is now operative. By said paragraph testator provided that the income of the trust was to be paid to the testator’s brother residing in the United States during two measuring lives ‘ ‘ or until a Treaty of Peace has been signed between the United States of America and Germany, whichever event first happens.” Upon the termination of said trust, the principal of the trust was bequeathed to designated beneficiaries residing in the…