In re the Judicial Settlement of the Accounts of Fay

Woodin, S.

The testator died in June, 1901, leaving a will and three codicils which were thereafter admitted to probate in this court. This proceeding is an accounting by the trustees and relates solely to a trust fund of $3,000 created in the second clause of the second codicil, which reads as follows:

“ Second. I give to my executors the sum of Three thousand dollars to invest and keep invested and pay the income thereon to my nephew Nelson Perry during his lifetime and on his death to divide the three thousand dollars among his, said Nelson Perry’s heirs at law, but this legacy shall not be…