MATTER OF FIRST NAT'L BANK OF BINGHAMTON


277 A.D. 811 (1950)

In the Matter of the Accounting of First National Bank of Binghamton, as Trustee under The Will of Fred A. Walker, Deceased. Elizabeth Werthamer, Individually and as Administratrix of The Estate of Walter Werthamer, Deceased, Appellant; Gertie W. Woods, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 3, 1950.


Testator provided that the income from the trust fund be paid to his brother, William L. Walker, for life. Upon the death of William L. Walker testator bequeathed the corpus of the trust fund by paragraph "Ninth" of his will, which reads: "Ninth: Upon the death of my said brother, William L. Walker, I give and bequeath all my said estate that may remain including said trust estate, to said Walter Werthamer and Gertie Werthamer his wife, and to the survivor of them. I make...

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