MATTER OF CARNEY


206 Misc. 261 (1954)

In the Matter of the Accounting of Arthur J. McQuade, Acting Public Administrator of The County of New York, as Temporary Administrator and Administrator C. T. A. of Esther Carney, Deceased.

Surrogate's Court, New York County.

May 3, 1954.


Attorney(s) appearing for the Case

Joseph T. Arenson for temporary administrator and administrator c. t. a., petitioner.

William J. Foley for James Carney and others, respondents.

George B. Fargis for James E. McLarney & Son, Inc., respondent.

Gillespie & O'Connor for Trustees of St. Patrick's Cathedral, respondent.

Nathaniel L. Goldstein, Attorney-General (Flavius N. Costerella of counsel), for indefinite and uncertain beneficiaries, respondent.


COLLINS, S.

Upon the proof adduced at the hearing the court holds that the objectants have established their status as the only distributees of the decedent. Their right to share in this estate will depend upon the effect given to the directions contained in paragraph eighth of the will which provided: "I direct my executors to use the balance of my estate for the keeping of my grave and to use the money as they...

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