In re the Estate of Simons

S. Samuel Bi Falco, S.

The first of the questions submitted for decision in this proceeding for the settlement of the intermediate account of the successor trustees involves the construction of the will’s “Fourth” and “Seventh” paragraphs in which the testator provided as follows:

‘ Fourth : I direct my executors hereinafter named to set apart a trust fund of $80,000 * * * the net income * * * to be paid to my son max simons during the term of his natural life * * *.

“Seventh : Upon the death of my said son max simons I direct that my executors * * * shall divide the said trust fund * * * into…