In re the Judicial Settlement of the Account of Proceedings of The New York Trust Co.

Augustus C. Downing, the testator, died on April 2, 1895, a resident of the city and county of New York, leaving a last will and testament executed on June 15, 1888, and which was thereafter duly admitted to probate in Surrogate’s Court, New York county. Two codicils to the will were subsequently executed by the testator, neither of which affects the provisions of the will, except with relation to changes in the personnel of the executors and trustees thereof.

The testator left him surviving a widow and six children. By the terms of the testator’s will, after providing for the payment by his…