In re the Estate of Stransky

Christopher C. McGrath, S.

The petitioner herein, the beneficiary of a trust created out of the residuary estate, asserts that he is entitled to all of the income earned by the estate from the date of the death of the testatrix pursuant to section 17-b of the Personal Property Law.

The pertinent portions of the will of the testatrix dated July 18, 1957, are as follows: “fourth: All the rest, residue and remainder of my estate, * * * shall be disposed of in the manner indicated below * * * (b) Of that part of my residuary estate which exceeds the amount of ten thousand dollars ($10,000.00), I…