In re the Estate of Remsen

Robert W. Bascom, S.

Upon this accounting proceeding a question arises as to the proper disposition of $4,483.72 of accumulated income in the hands of the trustee under the will of Thomas B. Bemsen, who died November 12, 1958. The clauses of the will generating the problem, and requiring construction of their validity and effect, are the third and seventh, which dispose of the residuary estate and read as follows:

‘ ‘ third : All the rest, residue and remainder of my estate, of whatsoever name and nature, and wheresoever situated, both real *1072and personal, I give, devise and bequeath unto my…