MATTER OF WELSH


5 Misc.2d 378 (1956)

In the Matter of the Construction of the Will of George W. Welsh, Deceased.

Surrogate's Court, New York County.

November 28, 1956.


Attorney(s) appearing for the Case

Benjamin M. Cardozo for petitioner.

Barr, Robbins & Palmer for Sinclair H. Armstrong, respondent.

Mortimer M. Kassell for State Tax Commission, respondent.

Abraham J. Gellinoff, special guardian for Cynthia A. Armstrong, an infant, and another, respondent.


WILLIAM T. COLLINS, S.

The trust originally consisted of a parcel of real property and $20,000 in cash. The testator directed that on the death of the life beneficiary without lawful issue surviving her, the fiduciary is "to divide, pay over and convey the said Trust property unto my then right heirs." (Italics added.)

The term "right heirs" was used in creating estates tail, and with the abolition...

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