MATTER OF CORTRIGHT


200 Misc. 281 (1951)

In the Matter of the Construction of The Will of Hattie G. Cortright, Deceased.

Surrogate's Court, New York County.

January 17, 1951.


Attorney(s) appearing for the Case

Alfred R. Bunnell for Emma G. Bailey, petitioner.

Nathan Lottman for Harry Gumaer and another, respondents.

Samuel Roberts Taylor, as surviving trustee under the will of Hattie G. Cortright, deceased, respondent in person.

Robert B. Hamilton for American Surety Company, respondent.


FRANKENTHALER, S.

This is a proceeding to construe the will of the testatrix to determine the person or persons presently entitled to the income of a trust created thereunder. Petitioner also seeks to determine whether the remainders after the termination of the trust are vested or contingent. In paragraph eighteenth of the will, testatrix bequeathed one third of her residuary estate in trust, the income thereof...

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