MATTER OF RYAN


2 Misc.2d 376 (1956)

In the Matter of the Accounting of John J. Fitter, as Executor of Elizabeth J. B. Ryan, Deceased Executrix of Peter J. Ryan, Deceased.

Surrogate's Court, Bronx County.

May 22, 1956.


Attorney(s) appearing for the Case

E. John Ernst for executor, petitioner.

Fred Feinglass and Phillip J. Zichello for Mable A. Relihan and others, respondents.

William J. Leahy for Mary Ryan, respondent.

Edwin L. Smart and Frank McCabe, Jr., for Dennis Ryan and others, respondents.

Denis G. McInerney, special guardian for Russell Ryan and another, infants.

Jacob K. Javits, Attorney-General (William G. Ross of counsel), for Director of Hudson River State Hospital.


CHRISTOPHER C. McGRATH, S.

In this accounting proceeding, a construction is sought of paragraph "Eighth" of the will, the pertinent portions of which provide as follows: "and upon the death of my said wife, I direct my said Trustees to divide the principal of said Trust Estate then remaining into as many parts or portions as there shall be heirs-at-law or next-of-kin surviving at that time, and to pay over the...

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