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MATTER OF SAYRE

1 A.D.2d 475 (1956)

In the Matter of the Accounting of J. Theodore Cross, as Successor Trustee under The Will of James Sayre, Deceased. Lansing G. L. Sayre, Appellant; Oneida National Bank and Trust Company of Utica et al., as Trustees under The Will of George S. Sayre, Deceased, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 9, 1956.

Attorney(s) appearing for the Case

Thomas S. Kernan for appellant.

Arthur L. Evans for Oneida National Bank and Trust Company of Utica and another, as trustees under the will of George S. Sayre, deceased, and another, respondents.

LeGrand C. Tibbits for Home for the Homeless in the City of Utica, respondent.

J. Theodore Cross, in person, and George R. Savis for J. Theodore Cross, as successor trustee under the will of James Sayre, deceased.

Pirnie Pritchard for Jane B. S. Bryant, individually and as executor of Amelia V. R. Sayre, deceased, and as executor of Leonora S. Platner, deceased, and another.

O. Gregory Burns for Jane B. S. Bryant and another, as executors of George S. Sayre, deceased.

Present — McCURN, P. J., VAUGHAN, KIMBALL, WHEELER and BASTOW, JJ.

VAUGHAN, J.

This is a proceeding for the construction of the will of James Sayre, deceased. The serious question presented is whether the class of heirs of the testator, to whom the trust remainder is given upon certain contingencies, should be determined as of the testator's death or as of the time of distribution of the corpus. The Surrogate has adopted the former construction, and a nephew of the testator appeals...

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