In re the Estate of Donovan

Delehanty, S.

A construction of the will of deceased is made necessary because the trustee seeks a decree determining that the will gives to the trustee a power of sale, and also because an inter-venor attacks the trust scheme of the will fundamentally and asserts a status as distributee by reason of intestacy.

The pertinent paragraphs of the will follow:

“Sixth. Should my said mother die before me however or should both of us die by one and the same accident which might occur, I dispose of the rest, residue and remainder of my estate both real and personal as follows, viz:

“ I give and bequeath…