In re the Estate of Fishberg

Henderson, S.

The trustee petitions for the'judicial settlement of his account to which no objections have been filed, and for a construction of the decedent’s will.

The testator made an absolute gift of one-half of his estate to his wife, and disposed of-the residue in the following language:

“ Third. I hereby direct that the rest, residue and' remainder of my estate shall be divided into two' (2) equal parts'.

“ Fourth. I give and bequeath to my trustee hereinafter named, one-half of the rest, residue and remainder of my estate, in trust, nevertheless, to invest and keep the same invested…