In re the Construction of the Will of Barnes

Appeals by appellants-respondents from that portion of the decree of the Surrogate’s Court of Schenectady County (Campbell, S.) which construes the will of Dana A. Barnes, Sr., deceased. Cross appeal by petitioner-respondent-appellant from those parts of the decree relating to allowances of a special guardian’s fee and counsel fees and expenses.

When the testator executed his will in 1903, he was married and the father of two sons, Dana, Jr., six years of age, and John, two years of age. The testator died a resident of Schenectady in 1910 survived by his widow and two sons. His real estate…