In re the Estate of Butler

S. Samuel Di Falco, S.

This is a proceeding for a construction of the will. Petitioner is a grandson of testator and a remainderman of the last of four trusts created under article Fourth of the will.

The will was executed and testator died many years prior to the enactment of section 47-a of the Decedent Estate Law so that the common-law rule applies. The provision in question reads as follows:

“ I give and bequeath to Charles T. Duncldee, aforesaid, all the residue of my estate, real and personal, but in trust nevertheless, to be held, managed and disposed of as follows, viz.: He shall divide…