In re the Accounting of Freuder

Maximilian Moss, S.

As an incident to an accounting of executors and trustees a judicial construction is required of subdivision (3) of the Third article of the will to determine whether the testator’s son is entitled to continued benefits thereunder for his maintenance and for his education while serving a dental interneship at a local hospital.

By the said article, the testator authorized the trustees to apply out of the trust principal, if by their unanimous action they deemed it advisable to do so for the well being of his wife and surviving issue mindful that he desired his issue “ shall…