MATTER OF SLAVENS


4 Misc.2d 82 (1956)

In the Matter of The Estate of Kate Slavens, Deceased.

Surrogate's Court, New York County.

January 6, 1956.


Attorney(s) appearing for the Case

Finch & Schaefler for Bank of New York, as trustee under the will of Kate Slavens, deceased, petitioner.

Ralph W. Noe for Charles F. Salkeld and another, as ancillary executors of Willinore M. Fosselman, deceased trustee, respondents.

F. Roy McMahon for Fennimore C. Marsh II, individually and as executor of Kendall Marsh, deceased, respondent.

Dewey, Ballantine, Bushby, Palmer & Wood for Dorothy H. Marsh, respondent.


WILLIAM T. COLLINS, S.

In her will the testatrix left the residue of her property in trust to pay the income to her sister Willinore M. Fosselman for life. "Upon the death of my sister * * * I direct the surviving trustee to pay over the principal of the said trust to my heirs-at-law and next of kin."

In this accounting proceeding the trustee has requested the court to determine whether the testatrix intended...

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