MATTER OF McCOON


3 Misc.2d 634 (1956)

In the Matter of the Construction of the Will of Alice M. McCoon Deceased.

Surrogate's Court, New York County.

May 14, 1956.


Attorney(s) appearing for the Case

Hoge & Bardusch for City Bank Farmers Trust Company, as trustee, petitioner.

Logan Fulrath for Alice McC. S. Stevens, respondent.

Joseph A. Bambury, special guardian for Carolyn W. Stevens and others, infants, respondents.


GEORGE FRANKENTHALER, S.

In this construction proceeding the court is asked to determine whether distribution of a trust remainder should be made per stirpes or per capita. Testatrix died in 1928. Paragraph Eighth of her will created a trust for the benefit of her daughter for life, and upon her death "to pay over the net principal thereof to the issue of my said daughter, Carolyn Frances McCoon, in equal shares...

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