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MATTER OF KNIGHT

10 Misc.2d 1036 (1957)

In the Matter of The Estate of Frank M. Knight, Deceased.

Surrogate's Court, New York County.

December 20, 1957.

Attorney(s) appearing for the Case

Burton C. Meighan and Frank J. Melioris for Carlton R. Mabley, as trustee, petitioner.

Peyton Randolph Harris for Veterans of the Seventh Regiment, respondent.

William Leibowitz for Kay C. Bassett, respondent.

Peter Campell Brown, Corporation Counsel (Philip Sokol of counsel), for Henry L. McCarthy, as Commissioner of Welfare of the City of New York, respondent.

Louis J. Lefkowitz, Attorney-General (Howard F. Danihy of counsel), for charitable beneficiaries, respondent.

Kenneth H. Guild for Rector, Churchwardens and Vestrymen of the Church of the Heavenly Rest in the City of New York, respondents.

JOSEPH A. COX, S.

In this proceeding for the settlement of the account of the trustee, construction of Article Fourth of the will is sought. The testator left his residuary estate in trust for his wife for life and disposed of its remainder as follows: "FOURTH: If my said wife, Maude Mabley Knight, shall have predeceased me, or if she survives me, then at her death I direct my executor or trustee, as the case...

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