MATTER OF WATERMAN


1 Misc.2d 393 (1955)

In the Matter of the Accounting of Bankers Trust Company, as Substituted Trustee under the Will of Lewis E. Waterman, Deceased.

Surrogate's Court, Kings County.

October 5, 1955.


Attorney(s) appearing for the Case

Hughes, Hubbard, Blair & Reed for trustee, petitioner.

Loucks & Clarke for Frank D. Waterman, Jr., as administrator of the estate of Lewis E. Waterman, Jr., deceased.

Myles, Wormser & Koch for Marian A. Waterman, as executrix of Elisha H. Waterman, deceased.

White & Case for Audrey A. W. Tyler, respondent.

W. Harry Stromenger, special guardian for Mary H. Waterman, an infant.

James S. Regan, special guardian for infants.

Winthrop, Stimson, Putnam & Roberts for Mary H. Waterman.


MOSS, S.

The residuary trust created by testator under paragraph "Second" of his will as modified by the codicil has terminated and the substituted trustee seeks judicial settlement of its account and a construction of the will and codicil to determine the persons entitled to share in the remainder.

Testator died May 1, 1901, leaving a will dated October 20, 1897, and a codicil dated October 20, 1899...

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