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MATTER OF BROWN

201 Misc. 799 (1951)

In the Matter of the Accounting of Ralph G. Brown, as Executor of Helen C. Brown, Deceased Trustee, and Bank of New York and Fifth Avenue Bank, as Trustee under The Will of Addison Brown, Deceased.

Surrogate's Court, New York County.

June 21, 1951.

Attorney(s) appearing for the Case

George B. Francis for executor and trustee, petitioners.

Lord, Day & Lord for New York Botanical Garden, respondent.

Herbert J. Deitz, special guardian for Ruth S. Brown and others infants, respondents.

COLLINS, S.

The petitioners in this proceeding for the settlement of the accounts of the trustees ask a construction of the will respecting investment powers of the trustees and instructions as to their right to abandon possible interests in certain royalties. Other issues are raised by objections of the special guardian of infant contingent remaindermen.

(1) The twentieth paragraph of the will authorizes...

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