In re the Accounting of Chase Manhattan Bank

This is an appeal in an accounting and construction proceeding. The issue to be determined is whether lapsed or divested remainder interests in a testamentary trust upon ■ termination shall be included- in a disposition of the remaining residuary of the trust or treated as intestate property of the testatrix.

Since there is unanimity of the court that the remainder interests did not finally vest, that part of the decree which failed to include any payment to the appellants, the estates of the divested remaindermen, should be affirmed.

By paragraph Fourth of her will the testatrix created a…