In re the Accounting of Title Guarantee Co.

James S. Brown,

Justice of the Supreme Court and Acting Surrogate. Testator died September 14, 1910. His will made *322five years before was probated October 17, 1910. He was unmarried, and had had three brothers, one of whom, Edmund, had died before the will was made. Another brother, Silas W., was alive when the will was made but died three months before the testator. The third brother, Elliot F., survived and died on September 14, 1917.

By paragraph 1 ‘ fifth ’ ’ of his will, testator created a trust of his residuary estate for the lifetime of his niece, Alice Augusta Driggs, and directed that…