In re the Estate of Marson

Foley, S.

In this accounting proceeding the surrogate is asked to construe the will of testatrix. By the material portions of the will the testatrix gave her residuary estate to her executor in trust for the benefit of her sister, Marion Cook, with direction to pay the income to her during her life. The remainder after the termination of the trust estate was disposed of in the following language:

“Eighth. Upon the death of my said sister Marion Cook, I direct that from the money and property so held in trust as above provided, there be paid out, if sufficient therefor, and if not, then pro…