In re the Estate of Dreicer

Foley, S.

The surrogate deems it unnecessary to hear oral argument on the question raised in this trustees’ accounting. The question is purely one of law involving a construction of the will and has been adequately briefed by counsel.

By the fourth paragraph of his will the testator created a trust for the benefit of his mother during her life. This paragraph of the will provides that upon the death of the mother the trustees are “ to hold and dispose of said fund, and any accrued income thereon, as part of my residuary estate.” The will creates three separate trusts of the residuary estate for…