In re the Estate of Phares

Laurence D. Wood, S.

This is a proceeding for judicial settlement of the account of First Trust & Deposit Company as trustee under the will of James Henry Phares, deceased, who *2died a resident of Onondaga County, December 28, 1925. In connection therewith, the trustee has requested a construction of the Fourth paragraph of the will dated October 23, 1922, and admitted to probate January 21,1926, in order to determine who are the remaindermen under the trust created by said will. The said paragraph Fourth reads as follows: “ fourth: Upon the death of my said wife my said trustee shall pay over…