In re the Accounting of Bankers Trust Co.

Frankenthaler, S.

In this trustee’s accounting the court is asked to construe the will in order to determine whether the trusts therein created violate the rule against perpetuities. Testatrix bequeathed her residuary estate in trust to pay the income therefrom equally to her son and daughter during their *56lives, and upon the death of either leaving issue to pay one half of the principal to said issue. She further directed: “ Upon the death of the survivor leaving lawful issue him or her surviving, I give, devise and bequeath the principal then held in trust for such survivor to such issue, in…