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MATTER OF PERGAMENT

8 Misc.2d 233 (1957)

In the Matter of the Accounting of Bankers Trust Company, as Trustee under the Will of Anna B. Pergament, Deceased.

Surrogate's Court, New York County.

May 3, 1957.

Attorney(s) appearing for the Case

Felix A. Fishman for Bankers Trust Company, as trustee, petitioner.

Daniel G. Tenney, Jr., and Robert Bruce Orr for Chase Manhattan Bank and another, as executors of Tobias T. Pergament, deceased, respondents.

Samuel Poses and George Chernoff for Seymour R. Powers, general guardian of Melvyn J. Powers and another, respondent.

George B. Levy, special guardian for Penny A. Pergament and another, infants, respondent.

S. SAMUEL DI FALCO, S.

The accounting trustee requests the court to construe the will in several respects in relation to the trust or trusts created for the grandchildren of the testatrix. The first and fundamental question is whether the testatrix intended to benefit only such grandchildren as were living at the time of her death, or whether she intended later born grandchildren to participate in the fund, and...

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