Klein's Estate

Marx, P. J.,

— Lucy E. Klein died unmarried and testate on February 12, 1939. Letters testamentary were awarded to Frederick Hunter Klein, executor, on February 16, 1939. The following extracts from the adjudication upon the final account of the executor define the question raised upon the adjudication.

The accountant requests distribution to himself as testamentary guardian of his son, or, failing that, to himself, the accountant, as testamentary trustee. Testatrix was the mother of Frederick Hunter Klein, the grandmother of Conrad Klein, 4th. By her will she gave, inter alia, as follows:

*633. .…