MATTER OF OSBORN


8 Misc.2d 859 (1957)

In the Matter of the Accounting of Fairfield Osborn et al., as Trustees under a Trust Made by William C. Osborn and Others, as Settlors.

Supreme Court, Special Term, New York County.

July 17, 1957.


Attorney(s) appearing for the Case

Emmet, Marvin & Martin for petitioner.

Cadwalader, Wickersham & Taft for Robert G. McKay and others, as executors, respondents.

Finch & Schaefler for Josephine Coogan, respondent.

Davis Polk Wardwell Sunderland & Kiendl for Fairfield G. Coogan and another, respondents.


IRVING H. SAYPOL, J.

The petitioners, Fairfield Osborn and the Bank of New York, as trustees of an inter vivos trust executed on December 30, 1935, request a construction of the agreement of trust with regard to the incidence of an estate tax precipitated by the death on December 20, 1955 of one of the three settlors thereof, Virginia S. McKay, who was an income life tenant.

The petitioners seek...

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