In re the Accounting of Faeth

Savarese, S.

In this contested accounting proceeding it appears that the testatrix died on September 30, 1948, leaving a will dated January 17,1939. She left her entire estate in trust to pay one third of the income to a nephew and two thirds thereof to a niece and to pay the principal to them in the same proportions at such time or times after either of them attained majority as the trustee should determine in “ his own best judgment.” She named her brother trustee and her husband executor. Although she entreated her husband in the will to waive his rights under the Decedent Estate Law, he…