Bank of New York & Trust Co. v. Hamersley

Smith, J.:

The testator bequeathed property to different members of his family and relatives in trust. With the construction of those trusts by the Special Term we are in full accord. (See 121 Misc. Rep. 730.)

Another question arises in this case, and that is, whether at the termination of these trusts the executors have an active trust to perform in taking the property and distributing it as provided in the will. There being no question as to how the property is to be distributed, the contest simmers down to the question of the executors’ fees.

Paragraph 12 of the will reads as follows:

“Twelfth.…