In re the Will of Sharpe

Delehanty, S.

In this proceeding for the construction of a will and for the appointment of a substituted trustee the parties have agreed upon a corporate trustee whom the court will appoint. The substantial question presented in the proceeding is whether a power of invasion of the trust capital granted in the will of deceased may be exercised by the substituted trustee.

The trust established under the will is for the benefit of deceased’s son. The remainder is given by the will to a person described as the niece of deceased’s husband. It happens that she survived deceased but is now dead,…