MATTER OF MORSE


198 Misc. 364 (1950)

In the Matter of the Construction of The Will of Henry W. Morse, Deceased.

Surrogate's Court, Monroe County.

June 16, 1950.


Attorney(s) appearing for the Case

Frederick Wiedman for May W. Morse, petitioner.

Henry J. Martens for Lincoln Rochester Trust Company, respondent.

Ray F. Fowler, special guardian for Nancy Morse, an infant, respondent.


WITMER, S.

The testator's widow has instituted this proceeding for construction of his will, dated March 25, 1949, which was admitted to probate by this court shortly after his death on April 27, 1949. Petitioner contends that the testator gave to her the sole right to determine how much of the trust funds the trustee shall advance to her periodically, and relies upon Matter of Woollard (295 N.Y. 390)...

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