In re the Judicial Settlement of the Accounts of Tovell

Hickey, S.

Laura A. Moody, a resident of the city of Lockport, N. Y., heretofore died, leaving a last will and testament, which has been admitted to probate in this court. The executor has now filed his account and asks to have it judicially settled and allowed.

Irving W. Wheeler, a nephew of testatrix, and a residuary legatee, in his own behalf, and in behalf of four others of a large number of residuary legatees, has come in and filed a petition for a construction of the fourth or residuary clause of the will, which reads as follows:

“Fourth. All the rest, residue and remainder of my estate of…