In re the Accounting of Burgmyer

Appeal from a decree of the Surrogate’s Court, Kings County, construing a will. By her will duly admitted to probate, the testatrix left her entire estate in trust to apply to the care, maintenance and support of her incompetent daughter for life. If the daughter survived her (which happened) and died without having been declared competent (which also happened), the trust estate on the daughter’s death was to be divided into four equal shares, one share for each of the following: Julia Ida Cutter (sister-in-law of testatrix’ deceased husband), Millard Cutter (Julia’s son), and Howard Patten…