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MATTER OF SUTRO

201 Misc. 368 (1951)

In the Matter of the Construction of The Will of Richard Sutro, Deceased.

Surrogate's Court, New York County.

June 7, 1951.

Attorney(s) appearing for the Case

S. Pearce Browning, Jr., and Louis S. Auchincloss for Ella H. Sutro and another, as trustees under the will of Richard Sutro, deceased, petitioners.

Myles, Wormser & Koch for Chemical Bank & Trust Company, as trustee under the will of Richard Sutro, deceased, and another, respondents.

Alfred Rathheim, special guardian for Frederick R. Mayer and others, infants, respondents.

COLLINS, S.

In this proceeding for the construction of the decedent's will the trustees request a determination involving the investment powers set forth in subdivision (a) of article Sixth thereof. Decedent died on August 3, 1930. His will was executed on April 30, 1930. Article Sixth (a) of the will reads: "It is my will and direction that all investments to be made by my Executors and Trustees hereunder shall...

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