In re the Accounting of Bankers Trust Co.

Christopher C. McGrath, S.

Upon the settlement of their account the trustees request a construction of the decedent’s will and a determination as to the distribution of one of the trusts included in their account.

Decedent died in 1946 survived by his wife. In his will he divided his residuary estate into two parts and directed that two trusts be set up, one representing 80% of the residuary estate and the other for 20% of the residuary. The net income from the 80% trust was payable to the decedent’s widow for her life and the net income of the 20% trust was payable to the decedent’s sister,…