In re the Will of Green

Griffiths, S.

The question of construction presented herein affects only real estate situated in the State of New York. In its prior decision dated December 28, 1945 (187 Misc. 432), this court, in sustaining the primary trust, measured by the life or lives of a son and daughter of testatrix, both of whom were then alive, declined to pass upon the validity of any secondary trust or trusts upon the ground that the question was academic. One of the two beneficiaries of the primary trust, the son of testatrix, died on December 31, 1945. By the death of the son the question is presented as to…