In re the Estate of Heyman

Millard L. Midonick, S.

In these proceedings for judicial settlement of the final account of the trustees of the trust created under the will of Samuel Heyman, instructions are requested with respect to a claim for invasion of the principal of that trust.

The decedent died June 27, 1925 leaving a last will and testament which was admitted to probate in this court on July 13, 1925. By the terms of the will a testamentary trust for the benefit of the decedent’s wife and son provided that in the event the son died without a surviving wife or issue the corpus of the trust would be payable to a…