MATTER OF PARKINSON


6 Misc.2d 991 (1957)

In the Matter of the Accounting of Manufacturers Trust Co., as Trustee under a Trust Created by George E. Parkinson.

Supreme Court, Special Term, Kings County.

March 4, 1957.


Attorney(s) appearing for the Case

Cullen & Dykman for petitioner.

Hewitt A. Conway, special guardian for Robert M. Pearse, Jr., an infant, respondent.

Alexander & Green for Emma A. Pearse, respondent.


J. VINCENT KEOGH, J.

In a proceeding to settle the final account of the trustee of an inter vivos trust, three questions of construction are presented. The trust indenture directs the trustee, upon death of the income beneficiary, to: "transfer and pay over the principal of the trust as then constituted to Jessie Ella Parkinson, wife of the settlor or if she be not then living, to such person or persons...

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