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MATTER OF BURGMYER

4 A.D.2d 966 (1957)

In the Matter of the Accounting of Thurlow Burgmyer, as Trustee under The Will of Jennie R. Cutter, Deceased, Respondent. Edward B. Wallace, as Committee of the Property of Mabel E. Spellissy, an Incompetent, et al., Appellants; Annie E. P. Avery et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 25, 1957

By her will duly admitted to probate, the testatrix left her entire estate in trust to apply to the care, maintenance and support of her incompetent daughter for life. If the daughter survived her (which happened) and died without having been declared competent (which also happened), the trust estate on the daughter's death was to be divided into four equal shares, one share for each of the following: Julia Ida Cutter (sister-in-law of testatrix' deceased husband), Millard...

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