MATTER OF MOORE


11 Misc.2d 139 (1958)

In the Matter of The Estate of Ella M. Moore, Deceased.

Surrogate's Court, New York County.

February 10, 1958.


Attorney(s) appearing for the Case

Milbank, Tweed, Hope & Hadley for William D. Gaillard, as trustee, petitioner.

Paul Ezra Lord for New York Diet Kitchen Association and others, respondents.

Meyer Kreeger, special guardian for Lynn B. Lowndes and others, infants, respondent.


S. SAMUEL DI FALCO, S.

In this proceeding to settle the trustee's account, petitioner prays for a construction of the will. The pertinent paragraphs are as follows:

"FOURTEENTH. All the rest, residue and remainder of my estate I hereby give, devise and bequeath to my Executor, hereinafter named, In Trust, to receive and hold the same, collect the income therefrom and pay over same to my son SUTHERLAND...

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