MATTER OF CHEMUNG CANAL TRUST CO.


278 A.D. 602 (1951)

In the Matter of the Accounting of Chemung Canal Trust Company, as Trustee under The Will of Cora A. Glover, Deceased, Respondent. Chauncey Glover, as Administrator of The Estate of Robert Glover, Deceased, Appellant

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

January 10, 1951.


The will of testatrix was judicially construed in a proceeding had in 1939, and it was there held that the testatrix died intestate as to the residue of the trust estate unless the beneficiary thereof, Jesse B. Sheffer, predeceased her. All interested parties, except Robert Glover, husband of the testatrix, were given notice of this proceeding. No appeal was taken from the decree entered therein, and the construction of intestacy if the beneficiary survived the testatrix...

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