Bank of Italy v. Newman

Charles J. Newman died testate, leaving surviving as his only heirs at law -a widow, a brother, five sisters, and a niece. The niece was not mentioned in the will. A stepdaughter was named among the legatees. The Bank of Italy was named as trustee, vested with the usual powers.

An appeal from the decree of distribution in the estate of said decedent brings the will before us for construction. The main question is concerned with the interpretation of a trust created by the will. The provisions in dispute are as follows:

“(B) The said Trustee shall pay all the net income from said trust estate in…