MATTER OF WUPPERMANN


197 Misc. 94 (1949)

In the Matter of the Construction of The Will of Flora S. Wuppermann, Deceased.

Surrogate's Court, New York County.

November 29, 1949.


Attorney(s) appearing for the Case

Durand, Bowen & Byrne for Audrey W. Manny, as executrix of Flora S. Wuppermann, deceased, petitioner.

Joseph Levine, special guardian for Virginia L. Brooks and others, infants, respondents.


FRANKENTHALER, S.

The necessity for a construction of the will arises from an apparent conflict between two paragraphs thereof concerning management powers of the trustee. The precise question is whether the trustee has the power to sell specific securities given in trust.

In article three of the will, testatrix bequeathed to her daughter, as trustee, 3,000 shares of common stock of the Angostura-Wuppermann...

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