In re the Estate of Gould

O’Brien, S.

This is an application for a construction of a will. By the fifth item of her will the testatrix made an outright gift of her residuary estate to her sister, Ella M. Clemmons. The sixth item of the will, after appointing an executor and trustee, directs “ that the said residuary estate be held in trust by it, the said Guaranty Trust Company of New York, for my said sister, Ella May Clemmons, she to receive the income therefrom during her lifetime.” Then follows a provision authorizing an invasion of the principal of the trust in the discretion of John L. McNab.

The questions raised…