MATTER OF ENGLIS


207 Misc. 262 (1954)

In the Matter of the Construction of The Will of Charles M. Englis, Deceased.

Surrogate's Court, New York County.

November 5, 1954.


Attorney(s) appearing for the Case

Edmund M. Beecroft for Bankers Trust Company, as trustee under the will of Charles M. Englis, deceased, petitioner.

J. Quincy Hunsicker, 3d, for Hanover Bank, as executor of Ruth E. Whittlesey, deceased, respondent.

Chauncey L. Grant for Russell E. Melcher, Jr., and others, respondents.

George Gruberg and Marie C. Connolly for Fiduciary Trust Company of New York and another, as executors of John Englis, deceased, respondents.

David R. J. Arnold, special guardian for Janice Melcher, an infant, respondent.


COLLINS, S.

The court construes the will as containing, by necessary implication, a gift of the remainder under existing circumstances to such of the testator's sisters as were living at the termination of the trust and to the issue per stirpes of any deceased sister. The guiding principle of construction in this case has been stated thus: "If * * * the property or estate claimed to be bequeathed or devised by...

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