MATTER OF TAYLOR


6 Misc.2d 60 (1957)

In the Matter of the Construction of the Will of Emma F. Taylor, Deceased.

Surrogate's Court, Jefferson County.

April 19, 1957.


Attorney(s) appearing for the Case

Russell Wright for petitioner.

John W. Kellogg, special guardian for Emma F. T. Moore, an infant.


LEON SCHWERZMANN, JR., S.

The sole issue in this construction proceeding is whether the testatrix by her gift under Paragraph TWELFTH of the will "in trust, to invest the same in good, interest bearing securities," intended to limit the petitioner trustee's investments thereunder to interest-bearing securities. I find that such was her intent, and that accordingly the trustee is precluded from investing the funds of this trust in such common stocks...

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