In re the Estate of Kight

Delehanty, S.

By prior decision it was held that five trusts were created by the will of deceased (Matter of Kight, N. Y. L. J., June 26, 1936, p. 3259). It was there decided that no trust had been established separately for the widow of deceased but that she was “ given one-third of the income derived from all of the trusts.” It was further decided that the trusts in favor of the children were “ subject to the provisions in favor of deceased’s wife.” Further construction is now sought. The text of the will material to the present issue says:

“ Third. I give, devise and bequeath to the…