In re the Estate of Washburn

Francis X. Tucker, S.

On the judicial settlement of the final account of the successor trustee under the last will and testament of John T. Washburn, Sr., the successor trustee seeks *57a construction of that paragraph of the decedent’s will which created the trust.

John T. Washburn, Sr., died testate on February 18, 1911 leaving a will dated January 15, 1909, and a codicil dated January 7, 1911, which were admitted to probate in the Surrogate’s Court of Ulster County on March 13, 1911. He was survived by three sons: John T. Washburn, Jr., George Washburn and Ward Washburn. He devised certain…