In re the Probate of the Will of Lange

Boylan, S.

The special guardian for Henry Lange, an incompetent, requests the court to construe the provisions of the last will and testament in order to ascertain whether the testator intended to create a trust for the benefit of his incompetent son Henry, or make an outright gift to his son George. He contends that a trust was created by Paragraph Seventh of the will which reads as follows: “ Seventh: All the rest, residue and remainder of my property and estate, of every kind and description, whether real, personal or mixed, and wheresoever situate, I give, devise and bequeath to my son,…