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MATTER OF HEDDEN

12 Misc.2d 1034 (1958)

In the Matter of The Estate of Edward H. Hedden, Deceased.

Surrogate's Court, New York County.

April 1, 1958.

Attorney(s) appearing for the Case

Francis R. Curry for City Bank Farmers Trust Company, as executor, petitioner.

Charles R. Barrett and Edward G. Bathon for Oscar Frederick, as executor of Martha W. Hedden, deceased, respondent.

James H. Halpin and Hoyt H. Harmon, Jr., for Frank A. Shearer and another, as executors of Caroline S. Earle, deceased, respondent.

Herbert Spencer Leman for Emma R. Pearse and another, respondents.

George Gray Zabriskie for Rector, Churchwardens & Vestrymen of the Church of the Incarnation, respondent.

Appleton, Rice & Perrin for St. Luke's Hospital and another, respondents.

Augustin J. San Filippo, special guardian for unknown heirs and distributees of the estate of Marcelita H. de Cordova, deceased, respondent.

Henry J. Bogatko, Harry H. Martin and William M. Keegan for Blanche D. Mitchell and others, respondents.

Dwight, Royall, Harris, Koegel & Caskey for Raul de la V. Del Pozo, as administrator of estate of Gloria D. de Portillo de la Vega, respondent.

Fazio & Popolizio for Amelia T. Cathell, as administratrix of estate of Adelaide L. Fitch, deceased, and others, respondents.

JOSEPH A. COX, S.

The testator executed his will in 1931 and at that time anticipated the fact that, upon the death of his sister-in-law Maria del Pino Egan and the consequent termination of testamentary trusts for her benefit in the estates of certain members of her family, remainder interests in such trusts would come into his estate and be subject to his disposal. The testator

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