In re the Estate of Hellman

*526OPINION OF THE COURT

Marie M. Lambert, S.

This is a proceeding to construe a will to determine who is entitled to royalties not bequeathed by paragraph 7 (18) and more importantly, to determine who shall hold legal title to and control the intellectual property rights in the decedent’s works and the works of Dashiell Hammett of which she was an owner.

Petitioners are the three persons designated as "Literary Property Fiduciaries” in article sixteenth of the will. Although their duties, compensation, and specific powers are spelled out, nowhere are they explicitly given a trust to administer.…