In re the Judicial Settlement of the Account of Proceedings of Westchester Trust Co.

Slater, S.

On this accounting a question of construction of the will arises. The portion which is involved in the controversy is as follows:

“ Fourth. I give, devise and bequeath unto my Trustee hereinafter named, or the successor thereof, all the rest, residue and remainder of my estate, real, personal and mixed and wherever situated, to have and to hold the same in trust nevertheless for the following uses and purposes:

“ 1. To hold the same during the life of my wife and to collect the income, rents, issues and profits thereof, and after payment of all necessary and proper charges, to pay…