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MATTER OF LINDSAY

11 Misc.2d 374 (1952)

In the Matter of the Accounting of Security Trust Co. of Rochester et al., as Trustees under the Will of Alexander M. Lindsay, Deceased.

Surrogate's Court, Monroe County.

January 7, 1952.

Attorney(s) appearing for the Case

Thomas M. Nichols for Security Trust Co. of Rochester and another, as trustees of Alexander M. Lindsay, deceased, petitioners.

Percival D. Oviatt, Jr., for Anne H. Lindsay and another, respondents.

Kendall B. Castle, special guardian for Mary A. Beach, an infant, respondent.

Earl F. Case, special guardian for Joan Beach and others, infants, respondents.

G. ROBERT WITMER, S.

The testator made his will and died in 1920 leaving a substantial estate. Upon this judicial settlement of the account of the trustees of the trust created under paragraph "Fourth" of the will some questions have been raised for decision. In paragraph "Seventh" of his will the testator provided in part as follows: "It is my desire * * * that any of my said sons may designate by Will his...

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