1 A.D.2d 1030 | N.Y. App. Div. | 1956
Proceeding by the trustee of a trust, created by the will of the decedent herein, for the judicial settlement of its account and for a construction of article sixth of the will by which a certain trust was created, to determine who is entitled to the corpus of the trust which had terminated by the death of the life beneficiary thereof. By said provision the testator directed the trustees to pay the income of said trust to his sister-in-law, Edith S. Pabbri, for life, and further directed that upon her death, either before or after the testator, “the principal of the trust fund created for her benefit, shall be distributed to and among such issue of Teresa P. Clark, daughter of said Edith S. Pabbri, as I may designate in writing.” No such designation was made by the testator. At the time of the death of Edith S. Pabbri there were two living children of Teresa P. Clark. The heirs and next of kin, or their personal representatives, appeal from so much of the decree as construes article sixth of the last will and testament of Alessandro Pabbri and directs that the trustee distribute the