In re the Estate of Milholland

Piersoh E. Hildreth, S.

In this proceeding for settlement of an intermediate account of the executors, petitioners also request a construction of the will in order to determine certain questions affecting distribution of the estate and allocation of estate taxes. Decedent was survived by her husband and an infant son. The husband is one of the executors and also one of the trustees under the will.

Article “ eighth ” of the will so far as deemed material here provides as follows:

*1047‘ ‘ eighth : Should I die leaving descendants me surviving,

then and in that event all the rest, residue and remainder…