In re the Probate of the Last Will & Testament of Sinnott

Fowler, S.

This cause involves the construction of a will entitled to probate in a proceeding where construction is properly justifiable under the Code of Civil Procedure. The testatrix left two sons her surviving, her only next of kin and heirs at law. By her will she devised the house and lot known as No. 508 West Thirty-seventh street, borough of Manhattan, to her executor in trust, to receive and collect the rents and to apply the net profits of the same for the benefit of her son Edward during the life of his wife, and upon the death of cestui que vie remainder to Edward, if then living,…