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MATTER OF TOUSLEY

205 Misc. 1053 (1954)

In the Matter of the Construction of The Will of Charles C. Tousley, Sr., Deceased.

Surrogate's Court, Jefferson County.

April 8, 1954.

Attorney(s) appearing for the Case

A. Raymond Cornwall for Nellie H. Tousley, petitioner.

Allan G. Patch, special guardian.

Henry H. Willmott, special guardian.

SCHWERZMANN, S.

This is a construction proceeding in which the petitioner challenges (a) the validity of the residuary trust created in article IV of the testator's will (Personal Property Law, § 11; Real Property Law, § 42) and (b) the validity of certain powers to divert or accumulate income given to the trustee in article V thereof.

By article IV, a primary trust of the residue is created...

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