In re the Accounting of Chase Manhattan Bank

McNally and Wither, JJ. (dissenting).

In paragraph Fourth of her will the testatrix gave the residue of her estate in trust for the use of her daughter for life, then for the use of the daughter’s son, Edgar, until he should attain 35 years of age, at which time the trust should cease, and one half of the corpus thereof should be paid to him absolutely. The daughter and grandson, Edgar, survived the testatrix, after which the daughter died and later Edgar attained the age of 35 years; whereupon one half of the trust remainder became his absolutely. With respect to the remaining half of the…