In re the Estate of Trott

Slater, S.

The proceeding is one for the construction of the will of decedent. The facts are undisputed. The testator, Eli Trott, died January 1, 1920, leaving a wife and two children. His will was dated May 26, 1913. The widow was appointed sole executrix. She died November 30, 1928. The contention deals with the property at No. 266 South Second avenue, Mount Vernon, N. Y.

By the 3d paragraph of the will the testator said: “ I give, devise and bequeath unto my wife Mary A. Trott, during the term of her natural life ” certain real property (meaning No. 266 South Second avenue, Mount Vernon, the…