In re the Estate of Storm

S. Samuel Di Falco, S.

The decree in this construction proceeding is before the court for settlement. Several of the parties request that the court grant costs and an allowance for their expenses incurred for counsel fees pursuant to section 278 of the Surrogate’s Court Act.

This court construed the text of article Tenth of the will so that the son who died without issue was held to have a vested interest in one fifth of the remainder of a trust established for the benefit of his mother and upon termination of the trust (the mother is presently alive) that son’s interest in the fund will be…