MATTER OF GALLAGHER


10 Misc.2d 422 (1957)

In the Matter of the Accounting of Beatrice Gallagher et al., as Executors of Andrew J. Gallagher, Deceased.

Surrogate's Court, Kings County.

November 18, 1957.


Attorney(s) appearing for the Case

Twohy & Kelleher for Beatrice Gallagher, as executrix.

O'Dwyer & Bernstein for Patrick Carney and another, as executors.

Francis R. Holmes, special guardian for infants, children of testator.

Matthew J. Donaldson for John F. Ryan.

A. Lionel Levy for State Tax Commission.


MAXIMILIAN MOSS, S.

As an incident to the judicial settlement of their account the executors seek a determination with respect to the validity of the trust created by testator under paragraph "Second" of the will and the effect of the widow's notice of election thereon. Said paragraph is the residuary clause and the only dispository provision of the will.

The testator made and executed his will in the...

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