In re the Estate of Reynolds

Harry G. Herman, S.

In this independent proceeding for a construction the court is asked to determine whether the remainder of a trust is payable to two children of decedent as a gift by implication or passes under an alternative residuary clause to designated charities.

The decedent died on March 13, 1933, and his will dated March 18, 1930, was admitted to probate by a decree of this court dated April 29, 1933. By article third of his will the testator devised and bequeathed his residuary estate in trust with the income payable to his wife during her lifetime.

In the event that his wife died…