In re the Estate of Heimer

O’Connor, S.

The question to be determined here is whether or not each of the three trustees is entitled to a full commission or a single commission to be apportioned among the three under subdivision 8 of section 285 of the Surrogate’s Court Act. By the will of the deceased the residuary of the estate, after certain specific legacies, was given to the executors in trust for the following purposes, so far as is pertinent here:

1. To pay to the widow an annuity for the balance of her life.

2. To pay three-fifths of the balance after the annuity to L. Helene Hamm, a daughter.

3. To pay two-fifths…