In re the Estate of Whittemore

5. Samuel Di Falco, S.

In this proceeding to settle its account, the trustee has petitioned for a construction of the decedent’s will. The facts briefly stated which necessitate the construction are as follows:

The decedent died on April 15, 1917 leaving a last will and testament which was duly admitted to probate in this court in July of that year. In article Fourth of his will, the testator created a trust of his residuary estate for the benefit of his wife during her life and provided that “ upon the death of my said wife, I give, devise and bequeath my said residuary estate to the issue of…