In re the Estate of O'Keeffe

Foley, S.

This is an application by the trustee for instructions. The testator died on June 12, 1934. By his will he created a trust of his residuary estate to continue during the lives of his son and daughter. From the income of the trust he directs the payment of an annuity of $12,000 a year to his widow, and should the income be insufficient the will provides for invasion of principal to make up any deficit. The balance of the income is directed to be divided between the son and the daughter. An agreement made after death between the heirs modified the terms of the will but is of no *487importan…