In re the Accounting of Fruhauf

Collins, S.

A proceeding for the construction of the will has been consolidated with the pending proceeding for the settlement of the account of the executors. The question of construction is whether the daughter of the testator is entitled to receive any part of the trust corpus during the lifetime of the widow.

The testator was survived by his widow, Belle Fruhauf, by their son, Henry Fruhauf, Jr. and by a daughter, Sarah Fruhauf Beekman, a child of a prior marriage. The will insofar as material reads: “ Third: All the rest, residue and remainder of my estate, of every nature and kind, real,…