In re the Accounting of City Bank Farmers Trust Co.

Maxuvttltan Moss, S.

As an incident to judicial settlement of its final account the trustee requests a construction of the will to determine the persons to whom the remainder of a trust *1061created thereunder is payable. The will directs that upon the death of the life beneficiary the trustee “ pay over all that remains in my residuary estate to ” three named nephews “ and in case of the death of any one of my said nephews the children of said nephews are to receive the father’s share.” All the said nephews survived testatrix, all predeceased the life beneficiary, two childless and the third…