In re the Estate of Berman

Maximilian Moss, S.

In this proceeding for the judicial settlement of the executrix’ account, the court is required to construe articles “ third ” and “ fourth ” of the testator’s will.

Decedent’s will provides for division of the residue of the estate into two equal portions, one part to pass outright to decedent’s widow, the other to be held in trust for her benefit during her lifetime. The decedent’s widow is named as the sole trustee of the trust. Under the authority of Matter of Wind (1 Misc 2d 260); Matter of Ford (138 N. Y. S. 2d 694); Matter of Richardson (135 Misc. 726, affd. without…