In re the Estate of Horton

Dodd, J.,

Acting Surrogate. The issue of construction in the present proceeding relates to the validity of the trust erected by the item of the will of this testatrix numbered “ XI.” This directed the erection of a fund, the income from which should be paid to testatrix’s “ son, Henry L. Horton, during his natural life, and after his death to pay the income thereof to his widow if he leaves one, during her life, and after her death to pay said part to his issue in equal parts.” (Italics not in original.)

It is asserted in the answer of certain parties and in the briefs of all except the…