MATTER OF SINCLAIRE


201 Misc. 189 (1951)

In the Matter of the Accounting of New York Trust Company, as Surviving Trustee, and Florence Sinclaire, as Successor Trustee under The Will of Thomas R. Sinclaire, Deceased.

Surrogate's Court, Kings County.

April 16, 1951.


Attorney(s) appearing for the Case

Milbank, Tweed, Hope & Hadley for trustees, petitioners.

Chrystie & Chrystie for Matilda W. Sinclaire, respondent.

Louis Levine, special guardian for infants, respondents.


RUBENSTEIN, S.

In connection with its application for judicial settlement of intermediate and supplemental accounts, the trustee seeks instructions concerning its right to invest in legal securities not provided for by testator's will and directions for apportionment between principal and income of the proceeds of the sale of real property purchased by it.

The will, executed in 1895, restricts the trustee...

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