Decree modified on the law and facts in accordance with the memorandum and as modified affirmed, with costs to appellants Ernest F. and Edna Peck Jenkins payable in equal portions from the principal of each of the trust funds established under paragraph fifth (a) of the will.
Memorandum:
The Surrogate's Court in construing paragraph fifth (c) of the will in question has held as a matter of law that under the circumstances presented here the trustee possesses...
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