In re the Estate of Allen

John C. Boylan, S.

This is an application under section 219 of the Surrogate’s Court Act by the sole beneficiary, under the trust provisions of the decedent’s will, to compel the trustees to pay over to him money to which he alleges he is entitled by the terms of the will and for the fixation of an anniversary date for future payments.

The petitioner is the sole surviving heir at law and next of kin of the decedent who died a resident of Richmond County on the 23rd day of February, 1955 leaving a last will and testament which was duly admitted to probate on the 9th day of March, 1955. By the…