Majority
p. 1008In the Matter of the Final Judicial Settlement of the Account of William Merrifield, Executor, etc., of Anna A. Sheehan, Deceased. In the Matter of the Application of William Merrifield, as Executor and Trustee of the Last Will and Testament of Anna A. Sheehan, Deceased, for a Construction of the Last Will and Testament of Said Decedent. William Merrifield, Executor, etc., of Anna A. Sheehan, Appellant, Respondent; Robert V. Reagan, First Remainderman, Respondent, Appellant.
Decree of the Surrogate’s Court, Richmond county, modified by striking the following words from the tenth ordering paragraph thereof: “ and in the event that the income from said fund in any one year should amount to more than the monthly payments to the said Robert V. Reagan, then the excess of such income shall be be payable to Sarah Dunn, who at this time is the next eventual taker of the residuary estate, subject however to being divested of her contingently vested estate by the birth of issue to Robert V. Reagan.” As thus modified, the decree is unanimously affirmed, with costs to each of the appellants, payable out of the fund. No opinion. Present — Lazansky, P. J., Davis, Adel, Taylor and Close, JJ.