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MATTER OF SELIGMANN

203 Misc. 124 (1952)

In the Matter of the Accounting of City Bank Farmers Trust Company, as Trustee under The Will of Maurice Seligmann, Deceased.

Surrogate's Court, New York County.

October 29, 1952.

Attorney(s) appearing for the Case

Milton Lewine for trustee, petitioner.

Wilner & Sternberg for Eleanor Whitehead and another, respondents.

Charles H. Birdsall, special guardian for Diana Whitehead and others, infants, respondents.

COLLINS, S.

Upon this final accounting a construction of the will is sought. It provided that upon the death of any of testator's children the principal of the trust held for such child's benefit should be paid as such child appointed and in default of such appointment to the surviving issue of such child. The testator's son George A. Seligmann failed to exercise this power of appointment and as a result the...

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