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MATTER OF SCOTT

1 Misc.2d 206 (1955)

In the Matter of the Accounting of Charles L. Morse et al., as Trustees under the Will of Emma W. Scott, Deceased.

Surrogate's Court, New York County.

August 10, 1955.

Attorney(s) appearing for the Case

Henry Logan for trustees, petitioners.

George G. Zabriskie for Cathedral Church of St. John the Divine in the City of New York, respondent.

Jacob K. Javits, Attorney-General (Kenneth D. Shearer of counsel), respondent, in his statutory capacity under section 12 of Personal Property Law and section 113 of Real Property Law, and for another, respondent.

Harry Gilgulin and Bernard Austin for Loomis Sanatorium and another, respondents.

Arthur J. X. Hines for St. Luke's Hospital, respondent.

Louis Merlino and Bernard Bressler for Clayton Westbay and others, respondents.

Herbert Horowitz, special guardian for infants and incompetents, respondents.

FRANKENTHALER, S.

This is a proceeding for settlement of the account of the trustees of the residuary trust and for construction of the will for the purpose of determining the devolution of a bequest of one third of the remainder. Testatrix died on July 11, 1930, leaving a will in which she bequeathed her residuary estate in trust, $4,000 payable annually to the life beneficiary and the balance of the income...

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