MATTER OF LENNON


196 Misc. 117 (1949)

In the Matter of the Accounting of Adolph Peinecke, as Executor of Regina Lennon, Deceased.

Surrogate's Court, Richmond County.

May 17, 1949.


Attorney(s) appearing for the Case

Herbert O. Burden for executor, petitioner.

Angelo Costantino for Alfred Leonhardt, as administrator of the estate of Henry Schafer, deceased.

William C. Casey, special guardian for Bertram Bender, an incompetent.

John P. McGrath, Corporation Counsel (Philip Sokol of counsel), for Commissioner of Welfare of City of New York, assignee.

Nathaniel L. Goldstein, Attorney-General (Anthony P. Rusin of counsel), for Central Islip Hospital.


BOYLAN, S.

By the second and third paragraphs of her will, the decedent created two separate trusts for her grandchildren, Frederick Bender, Jr. and Bertram Bender until they attained the age of twenty-one years and both have attained their majority. In creating these trusts the decedent used the words "I give and bequeath" but did not use any words of devise. The residuary clause contained in paragraph fifth directs that the executor divide all the rest...

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