In re the Estate of Lake

Foley, S.

In this construction proceeding questions arise as to the ascertainment of the persons entitled to take the remainder of a trust created by the will. The testator directed the creation of a trust with income to be paid in the proportions of one-third to his wife during her life and the other two-thirds to his son, Henry S. Lake. His will was executed in 1882. He died in 1884. The widow and son both survived him. She died on January 9, 1919.

Under the terms of paragraph fourth, after the death of his mother, the son became entitled to the entire income of the fund. He died on June 24,…