In re the Estate of Fishman

OPINION OF THE COURT

C. Raymond Radigan, J.

In this construction proceeding the court is required to resolve an apparent conflict in the will as to whether a named successor executor-trustee has priority over the designee selected by a deceased executor-trustee pursuant to a power in the will. The provisions in question provide:

“thirteenth: A. I hereby appoint my wife, miriam fish-man, my brother-in-law, samuel j. penn, and my accountant, irving marguéis, as executors of and trustees under this my Last Will and Testament. If any executor or trustee ceases or fails to serve for any reason…