MATTER OF MAGUIRE


16 Misc.2d 97 (1958)

In the Matter of the Construction of the Will of Ruth S. Maguire, Deceased.

Surrogate's Court, New York County.

December 24, 1958.


Attorney(s) appearing for the Case

Royall, Koegel, Harris & Caskey (Frank C. Fisher of counsel), for Howard H. Swift and another, as trustees, petitioners.

David M. Berger, as special guardian for Mark W. Swift and others, infants, respondent.


JOSEPH A. COX, S.

The court construes the ninth paragraph of the will of this testatrix as follows: (1) When the beneficiary, Ruth Dunbar Sherwood, attained the age of 25 years on October 1, 1957, she became entitled to receive one fourth of the principal of the trust, valued as of that date. (2) When Mrs. Sherwood shall attain the age of 30 years, she will be entitled to receive a second one-quarter portion...

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