In re the Estate of Penney

William J. Regan, S.

This is a proceeding to settle the accounts of Charles P. Penney, executor under the last will and testament of Gretchen Band Penney. The objections made to the accounting basically raise two issues, namely:

1. Is the executor-husband entitled to his prorata share of the increased values of the securities between the date of the decedent’s death and the date of distribution!

2. Are the expenditures made for improvements to the Canadian real estate a proper charge against the principal of the trust?

As concerns the first of these issues article seventeenth of the will reads:

“If…