Equitable Security Trust Co. v. Home for Aged Women

Seitz, Chancellor:

I must decide whether the entire estate left by the testatrix or some portion thereof should bear the costs and legal expenses incurred in connection with a decision on the executor’s request for instructions.

This matter arose in connection with a will drawn by the testatrix. She left her entire estate in trust to pay the income to her husband for life. At his death the corpus was to be divided equally among three charitable institutions and her brother. In the event her brother predeceased her, his share also went to the three named charities. Since the testatrix survived…