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MATTER OF CUMMINGS

11 Misc.2d 1060 (1958)

In the Matter of the Accounting of City Bank Farmers Trust Company, as Trustee under the Will of Cornelia R. Cummings, Deceased.

Surrogate's Court, Kings County.

June 30, 1958.

Attorney(s) appearing for the Case

Louis J. Russo and Pierre J. Sherry for petitioner.

John B. Jacobson for estate of Thomas P. Cummings, deceased.

Young, Seacord & Lane for estate of George E. Cummings, deceased.

Jesse A. Falzone for Frances Cummings.

Russo & Sapio for Barbara B. Anderson and others.

MAXIMILIAN MOSS, S.

As an incident to judicial settlement of its final account the trustee requests a construction of the will to determine the persons to whom the remainder of a trust created thereunder is payable. The will directs that upon the death of the life beneficiary the trustee "pay over all that remains in my residuary estate to" three named nephews "and in case of the death of any one of my said...

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