In re the Estate of Condax

S. Samuel Di Falco, S.

In this proceeding to settle the account of executors and trustees and for a construction, the court construes the will as follows: Under paragraph Fourth thereof the widow is entitled to one third of the net estate after deduction of funeral and administration expenses and debts, but before deduction of taxes (Matter of Whitman, 125 N. Y. S. 2d 165).

Under paragraph Fifth the testator clearly intended to establish four separate trusts for the benefit of his four children, to be administered as a single trust (Matter of Colegrove, 221 N. Y. 455). The income should be…