In re the Final Accounting of Bankers Trust Co.

John J. Dillon, S.

The trustees in connection with their final account seek a construction of article “ fifth (a) ” of the will for the purpose of determining the disposition to be made of the corpus of the trust created thereby. That portion of said article “fifth (a)” relevant to the problem is quoted as follows: “If upon the death of said Ellsworth Ford, Consuello Ford shall then be deceased or if living shall then be legally separated from or divorced from said Ellsworth Ford, then the Trustees are directed to assign, transfer and pay over the principal of said part or share to such…