May, 1913. Decker, Allen Storm, for petitioner. Edw. W. Davidson, for executors of Estate of William Watson, the younger, deceased. Jerome A. Peck, special guardian. SAWYER, S. William Watson died September 28, 1877, leaving a last will and testament, which was admitted to probate in the office of the surrogate of Westchester county. By the ninth clause of his will the testator disposed of all his residuary estate. Said ninth clause is as follows: "I give, devise and bequeath all the rest, residue
July 31, 1914. James J. Allen, for the appellant. Edward W. Davidson, for the respondents. STAPLETON, J.: William Watson, the elder, died in 1877, leaving a will and codicil by which he disposed of all his real and personal property. By the 9th clause of the will he bequeathed the residue of his estate, real as well as personal, to his executors and trustees, with power to sell the same, convert it into money and divide the proceeds into as many shares as there should be children him surviving. The
Argued December 3, 1890 Reargument ordered March 3, 1891 Reargued April 16, 1891 Decided June 2, 1891 D.M. Westfall for appellants on original argument. Matthew Hale for respondent on original argument. D.M. Westfall for appellants on reargument. Matthew Hale for respondent on reargument. RUGER, Ch. J. This action is brought on behalf of Ebenezer Larmouth, a lunatic, against the defendant Gordon and his grantee, upon a declaration of trust executed by Gordon for the benefit of Larmouth, to enforce