In re the Estate of Annesley

OPINION OF THE COURT

Marie M. Lambert, S.

In the within proceeding, petitioner, an executor and trustee, seeks to conform and amend the decedent’s will so that a charitable remainder trust established under article ninth of said will can qualify for an estate tax charitable deduction. Testatrix died June 27, 1977 leaving her will dated July 12, 1974 which was admitted to probate in this court on August 16, 1977. Pursuant to article ninth, she created a charitable remainder trust of three sixteenths of *54the residuary estate with all income derived therefrom payable to a life beneficiary, Paula…