MATTER OF SMITH


14 Misc.2d 205 (1958)

In the Matter of the Second and Final Accounting of Hanover Bank, as Trustee under the Will of Ormond G. Smith, Deceased.

Surrogate's Court, Nassau County.

August 12, 1958.


Attorney(s) appearing for the Case

Lovejoy Morris Wasson & Huppuch for special guardian for Ann A. Smith, an infant, petitioner.

Constantine Mittendorf, special guardian for Ralph O. Smith, an infant.

Clark Carr & Ellis for Virginia A. Smith and another, as executors.


JOHN D. BENNETT, S.

In this accounting proceeding a construction is sought of the words "surviving lawful issue of my said son", to determine whether that phrase includes an adopted grandson as a remainderman of a trust created by paragraph Tenth of the will. If not, a surviving natural grandchild is entitled to the entire remainder.

The salutary rules employed in the determination of construction proceedings...

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