MATTER OF HENDERSON


203 Misc. 9 (1952)

In the Matter of The Estate of Warren R. Henderson, Deceased.

Surrogate's Court, Monroe County.

May 29, 1952.


Attorney(s) appearing for the Case

Gerald R. Barrett for Edward Henderson and others, petitioners.

Nelson Warner for Central Trust Company of Rochester, respondent.

Percival W. Gillette, special guardian for David Henderson, Jr., and others, infants, respondents.


WITMER, S.

The life beneficiaries of the trust created under paragraph "Second" of testator's will seek a construction of the will provisions with respect to such trust. They have demanded of the trustee that it pay over to them equally the entire corpus of the trust fund, and contend that under the will the trustee is required to do so, thus terminating the trust.

The will was drawn for the testator by counsel experienced in will draftsmanship...

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