In re the Construction of the Will of Schoellkopf

S. Samuel Di Falco, S.

This is a proceeding brought to construe paragraph Thirteenth of the decedent’s will which reads as follows: “ thirteenth: I give and bequeath to,Power City Bank, of Niagara Falls, New York, the sum of Twenty-five Thousand Dollars ($25,000), in trust nevertheless, for the following uses and purposes: to pay the income thereof from the date of my death to my nephew, alva f. gluck, and upon the death of said alva f. gluck to pay the principal of said trust fund to his descendants then living, if any.”

The question to be determined is whether by the use of the word…