In re the Estate of Nimphius

Henderson, S.

In this accounting proceeding application is made for the construction of the decedent’s will. The question is whether paragraph “ third ” of the will created a trust or gave to the legatees vested interests subject to the exercise of a power in trust. After the usual direction to pay funeral expenses and just debts, the will, in so far as is now material, continues as follows:

“ Second. I direct my executors hereinafter named to divide my personal property of every kind and nature, into eight equal parts or shares and I give and bequeath one of said shares unto each of my…