MATTER OF HERRICK


10 Misc.2d 213 (1957)

In the Matter of S. Pearce Browning et al., as Executors of Parmely W. Herrick, Jr., for Construction of a Trust Made by Parmely W. Herrick.

Supreme Court, Special Term, New York County.

January 27, 1957.


Attorney(s) appearing for the Case

S. Pearce Browning, Jr., and Lorene Joergensen for petitioners.

Murray L. Watt, special guardian for George G. Herrick and another, infants.


SAMUEL M. GOLD, J.

The question presented by this construction proceeding is whether the settlor intended that his heirs be determined as of the time of his death or of the termination of the trusts.

The deeds were made on June 18, 1920 and February 16, 1928. The settlor died July 7, 1937. The trusts have not yet terminated. The settlor was survived by a son and by no other child or children of a deceased...

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