In re the Estate of Babcock

O’Brien, S.

The will of the testator clearly indicates that the duties of the executors were intended to be separate from their duties as trustees, and that upon the termination of the executorial duties, namely, the payment of debts and administration expenses and the pecuniary legacies bequeathed in paragraph 1 of the will, the residue of the estate was to be held “ upon trust ” in accordance with the provisions of paragraph 2 of the will. (Olcott v. Baldwin, 190 N. Y. 99; Laytin v. Davidson, 95 id. 263; Matter of Vanneck, 175 App. Div. 363; Matter of Keen, 135 Misc. 435.)

The decree made…