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MATTER OF KILBORN

14 Misc.2d 1069 (1958)

In the Matter of The Estate of Horace M. Kilborn, Deceased.

Surrogate's Court, New York County.

November 10, 1958.

Attorney(s) appearing for the Case

Emmet, Marvin & Martin for Bank of New York, petitioner.

Graef & Schlesinger for Olga Kilborn, respondent.

Solomon Weiss, as special guardian for Patricia Kilborn and others, infants, respondent.

S. SAMUEL DI FALCO, S.

Under paragraph Seventh of the decedent's will, the decedent authorized his wife, Clara Julia Kilborn "to dispose in and by her Last Will and Testament to such persons, and in such manner as she may desire, of the whole or any part of the Principal of the Trust created for her benefit in and by the terms of Paragraph `Sixth' hereof."

By an instrument dated September 1, 1943, the said widow, Clara Julia Kilborn voluntarily...

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