In re the Estate of Hutchins

Joseph A. Cox, S.

In this proceeding for the judicial settlement of the account of trustees, respondent David Wolcott was cited because of his status as a legatee under the will ,of a *566deceased income beneficiary of one of the trusts. Wolcott filed an answer asking that the testator’s will be construed as entitling him to a portion of a trust principal and further asking that a certain release executed by him in April, 1948 be declared invalid. The court ruled that the issue as to the validity and effect of the release would be determined prior to the consideration of any other issue and,…