In re the Estate of Austin

John D. Bennett, S.

In this accounting proceeding the questions presented relate to the effect of the widow’s successful exercise of her right of election upon the terms of the residuary estate which had been placed in trust for her benefit.

By paragraph ‘ ‘ Fourth ’ ’ of the will, the testator gave his residuary estate to his trustees with income payable to his wife for life. Upon her death subparagraph “ C ” directs, insofar as is relevant to the facts here, that the residuary trust be divided into as many separate and equal trust funds as shall equal in number the testator’s surviving…