In re the Accounting of Bankers Trust Co.

S. Samuel Di Falco, S.

The accounting trustee requests the court to construe the will in several respects in relation to the trust or trusts created for the grandchildren of the testatrix. The first and fundamental question is whether the testatrix intended to benefit only such grandchildren as were living at the time of her death, or whether she intended later born grandchildren to participate in the fund, and if the latter represents her purpose, within what limitations can the class of beneficiaries increase in membership1? If only those living at the time of her death are the intended…