MATTER OF WELLER


7 Misc.2d 366 (1957)

In the Matter of the Accounting of Joseph F. Weller, as Trustee under the Will of Joseph H. Weller, Deceased.

Supreme Court, Special Term, Orange County.

May 31, 1957.


Attorney(s) appearing for the Case

William L. Browning for petitioner.

Harris, Beach, Keating, Wilcox & Dale for Joseph F. Weller and another, respondents.

Herbert F. O'Hare and Peter G. Striphas for Robert B. Esselstyn and another, respondents.

Malcolm J. Carey, special guardian for Jay Tompkins and others, infants, respondent.


SAMUEL W. EAGER, J.

There is here before this court the matter of the final judicial settlement of the account of a substitute testamentary trustee, and there is required a determination as to the final disposition of the share of the testator's estate which was held in trust for the benefit of his daughter, Edith Esselstyn, for her life.

The testator's will was executed in 1883. He died in 1886 and his...

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