In re the Estate of Bloomingdale

Foley, S.

The surrogate determines the questions raised in this construction proceeding as follows:

*603(1) The trust for the testator’s son, Donald Bloomingdale, designated in the will as Trust “ B,” is entitled to priority over the provisions for the benefit of the testator’s divorced wife, Rosalie Banner Bloomingdale, and his widow, Geanne Hughes Bloomingdale. The provisions for Donald were in performance of the terms of the separation agreement entered into between the testator and Rosalie Banner Bloomingdale. So far as Donald is concerned, that agreement is valid and enforcible in his favor.…