MATTER OF GOTTHEIL


205 Misc. 659 (1954)

In the Matter of the Construction of The Will of Leon Gottheil, Deceased.

Surrogate's Court, New York County.

January 12, 1954.


Attorney(s) appearing for the Case

Dudley Miller for New York Trust Company, as trustee under the will of Leon Gottheil, deceased, petitioner.

Vincent R. Fitzpatrick, special guardian for Christopher R. Palmer and another, infants, and another, respondents.


COLLINS, S.

Decedent died in 1922. The trustee requests a construction of his will dated March 6, 1922, insofar as its investment powers are concerned. In paragraph Eighth of his will the decedent "permitted" his executor and trustee to retain any investments made by him "irrespective of whether or not they are securities which trustees under the laws of New York are entitled to hold or acquire." The same paragraph continues: "However, with regard to...

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