MATTER OF KOLLER


4 Misc.2d 362 (1955)

In the Matter of the Accounting of Staten Island National Bank and Trust Company, as Trustee under the Will of Lillian V. Koller, Deceased.

Surrogate's Court, Richmond County.

December 19, 1955.


Attorney(s) appearing for the Case

Lahr, Dillon & Lahr for trustee, petitioner.

David Robinson for Frances C. Wabo and another.

William G. Bushell and Theodore G. Bushell for Marion E. Carr and others.

Louis B. Levine for Frank E. Cook.

Ralph H. O'Donoghue, special guardian.


JOHN C. BOYLAN, S.

In this accounting proceeding the trustee has requested the court to construe the last will and testament of the decedent to determine whether she intended to give the corpus of a trust undisposed of by her will to her next of kin living at the time of her death, or to her next of kin who survived her son, Winfield Simonson Koller.

In 1937 the then Surrogate decided this same question, but as he failed to set forth his decision...

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