In re the Accounting of Wind

Frankenthaler, S.

The testator herein left all his property to his executor in trust to pay the income to his widow for life. He then appointed his widow as executrix and trustee subject to a direction that “ she shall not be required to furnish any bond or other obligation conditioned upon the faithful performance of her duties as such executrix and trustee.” As a result the widow upon transfer of the property to herself as trustee would be entitled both to the possession and to the income from the property and would therefore hold a legal life estate in the property. (Real Property Law, §…