MATTER OF SOLKY


4 Misc.2d 543 (1955)

In the Matter of the Construction of the Will of Minnie W. Solky, Deceased.

Surrogate's Court, New York County.

November 10, 1955.


Attorney(s) appearing for the Case

Rieger & Albert for petitioner.

Earl J. Wofsey and James L. Purcell for respondent.

John J. Fay, special guardian for infant, respondent.


WILLIAM T. COLLINS, S.

All parties are in agreement, as indeed they must be, that the direction in the will for accumulation of income is invalid and that the income directed to be so accumulated belongs "to the persons presumptively entitled to the next eventual estate" (Real Property Law, § 63). The next eventual estate is "the estate which is to take effect upon the happening of the event which terminates...

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