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MATTER OF WEARE

205 Misc. 55 (1953)

In the Matter of the Accounting of Bankers Trust Company, as Trustee under The Will of Lillie C. Weare, Deceased.

Surrogate's Court, New York County.

November 24, 1953.

Attorney(s) appearing for the Case

Edwards, O'Loughlin & George for trustee, petitioner.

H. H. Nordlinger for Ashley Weare and another, respondents.

Dillon & O'Brien for Kathryn N. Weare, as executrix of John Weare, deceased, respondent.

FRANKENTHALER, S.

In this trustee's accounting the court is asked to construe the will in order to determine whether the trusts therein created violate the rule against perpetuities. Testatrix bequeathed her residuary estate in trust to pay the income therefrom equally to her son and daughter during their lives, and upon the death of either leaving issue to pay one half of the principal to said issue. She further...

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