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MATTER OF SUTER

207 Misc. 1002 (1955)

In the Matter of the Construction of The Will of Eugene F. Suter, Deceased.

Surrogate's Court, New York County.

May 19, 1955.

Attorney(s) appearing for the Case

Scandrett & Chalaire for Walter Chalaire and another, as trustees under the will of Eugene F. Suter, deceased, petitioners.

Sigmund Goldstein for Eugene F. Suter, Jr., respondent.

Joseph C. Hogan for William P. S. Earle, Jr., as committee of the person and property of Audrey W. Suter, an incompetent, respondent.

Eugene J. Keefe, special guardian for Frank E. Suter and others, infants, respondents.

COLLINS, S.

The anomalous question posed by the petition of the trustees for a construction of the will of Eugene F. Suter, deceased, is the validity of a renunciation by the testator's son, Eugene F. Suter, Jr., of benefits under a testamentary trust valued at approximately $400,000.

The facts are not in dispute. The will gives $350,000 and the residue of the estate to trustees to be held in a trust measured by the life of the son, Eugene F....

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