In re the Construction of the Will of Stout

Savarese, S.

Petitioner in this construction proceeding is the income beneficiary of a trust created under the will of Albert H. Stout, deceased. Bespondents are the trustee and the remaindermen. The original petition alleged a need for construction upon three items; however, interim negotiations between the interested parties have caused two of the items to be removed by amendment to the petition. In view of this amendment, the only question submitted to the court is the validity of the power conferred upon the trustee under paragraph “ D ” of article “ Fifth ” of the will which reads as…