MATTER OF WINCHELL


278 A.D. 870 (1951)

In the Matter of the Accounting of Floyd W. Winchell, as Executor and Trustee under The Will of Wallace M. Winchell, Deceased, Appellant In the Matter of the Construction of The Will of Wallace M. Winchell, Deceased. Adelbert W. Rathbun et al., Respondents

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

May 9, 1951.


Testator died July 19, 1905, leaving a last will and testament dated April 17, 1905, which was admitted to probate on September 9, 1905. Testator left surviving as his only heirs at law and next of kin a son, Floyd W. Winchell, the appellant, and a daughter Flossy Winchell Rathbun. The son was named as executor and trustee under the will. The only provision of the will in question is the fourth clause which reads: "I give and bequeath to my son Floyd W. in trust to hold,...

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