In re the Estate of McClure

S. Samuel Di Falco, S.

In this proceeding by the executor of the deceased executrix to settle her final account herein, the court is asked to construe the will and determine (1) whether or not the power to invade principal of the residuary trust as provided in paragraph Third thereof passes to a successor trustee and (2) whether the oil and gas royalties received from the trust property should solely constitute income or whether 27%% or some other percentage thereof should be allocated to principal.

With respect to the first question, the parties appear to be in agreement, and the court holds,…