In re the Estate of Pelham

Otto C. Jaeger, S.

In this trustee’s accounting proceeding the court is asked to construe the will to determine the persons to whom the trust remainder should be distributed.

The testator died in 1926 leaving a will dated June 27, 1922 which was duly admitted to probate. In paragraph 11 third ” of the will he created a trust consisting of one half of the residuary estate and directed the trustee ‘ ‘ to pay over to my son, Alphonzo Pelham, the net income during the term of his natural life and at his death to pay said trust fund to his lawful issue if any. And in the event of his dying without…