In re the Estate of Weinstein

Foley, S.

A question of construction is raised preliminarily in this trustee’s accounting. By his will the testator directed that his residuary estate be divided into five equal shares and that each share be held in trust. He made separate gifts of one-fifth of the income from each of these trusts to a nephew and each of three nieces. In each instance the income is given “ one-fifth (1 /5th) to my niece ” (or nephew).

The income from the remaining share of the residuary estate is dispose.! of in the following language: “ The remaining one-fifth (1 /5) of said income, I give to Rachael and…