MATTER OF WOLFE


201 Misc. 226 (1951)

In the Matter of the Accounting of United States Trust Company of New York, as Trustee under The Will of Joel B. Wolfe, Deceased.

Surrogate's Court, New York County.

April 30, 1951.


Attorney(s) appearing for the Case

E. Lacy Finnan and Charles M. Baudinet for trustee, petitioner.

Stowell & Glennon for Joachim S. Westendarp, individually, as assignee of Annie D. K. Westendarp, deceased, and as alleged assignee of Carl Westendarp, respondent.

Harold H. Levin, special guardian for Rudolf U. Slattery, an infant, respondent.

Howard Henig, special guardian for Caroline E. Ritchie and another, infants, respondents.

Emanuel Schwartz, special guardian for Guy de Rougemont and others, infants, respondents.


FRANKENTHALER, S.

The controversy in this proceeding is over the meaning of the word "children" as used by the testator. In paragraph Fifth of the will, testator directed the division of his residuary estate "into as many equal parts or shares as I may leave sisters me surviving except that in case, at the time of my death, either of my sisters shall have died leaving issue then living, the issue

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