In re Mixsell

Marcus 0. Christ, J.

This is a proceeding brought pursuant to article 79 of the Civil Practice Act. The relief sought is the judicial settlement of the final account of Harold B. Mixsell, deceased, as trustee under an inter vivos trust created by him for the benefit of his daughter, Mary Mixsell Norwood (now Mary M. Snethen) and a construction of the declaration of trust with directions to the executors of the deceased trustee concerning the disposition of the corpus and certain income of such trust.

The trust was created by a declaration of trust dated June 28, 1935. That instrument was…