In re the Estate of Ackert

In this proceeding a construction is sought as to whether one Francis Gelormino is entitled to any interest on $10,000 legacy and if so, from what date and at what rate.

Pursuant to the will of the decedent the residuary estate is left in trust with the direction that a certain monthly sum be paid from the income and profits and from so much of the principal as may be necessary to decedent’s sister-in-law and to decedent’s housekeeper (Pierce) during the term of her natural life (paragraph fourth of the will). The will further provides that "Following the death of both” Ackert and Pierce or in…