In re the Estate of Berg

S. Samuel Di Falco, S.

Henry W. Berg died on September 22, 1938, a resident of the County of New York, leaving a will admitted to probate in this court on January 7, 1939. In this proceeding the trustee under article nineteenth of that will seeks the settlement of its account and, in addition, construction of article twenty-first thereof in which are embodied the investment instructions of the testator. Paragraph twenty-first authorized the retention by the designated fiduciary of investments held by the decedent at the time of his death without regard to whether they were then lawful…