In re the Estate of Andrews

John J. McCall, S.

As part of their prayer for a decree of this court settling- their accounts, the executors of the last will and testament are seeking a court determination relative to the trustees ’ power of investment under the will and the applicable statutes and also a ruling by this court as to the existence of any priority between two trusts, both of which grant powers of invasion for the benefit of a named beneficiary, to wit, the husband of the deceased, who is a coexecutor here.

Paragraph Sixth of the instrument reads as follows (as far as applicable to the issue here):

*628‘ ‘ sixth : I…