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MATTER OF SCHUETTE

11 Misc.2d 212 (1958)

In the Matter of The Estate of Florence S. Schuette, Deceased.

Surrogate's Court, New York County.

January 23, 1958.

Attorney(s) appearing for the Case

Sullivan, Donovan, Hanrahan, McGovern & Lane for Walter Beineke and another, as surviving trustees, and another, petitioners.

Richard E. Mannix and Edmond M. Hanrahan for Carolyn Dalzell and others, respondents.

Thomas P. Tredway, Jr., Edward M. Maher, and Frank S. Berall for Virginia Brinckerhoff, respondent.

Louis J. Lefkowitz, Attorney-General (Louis E. Cooper of counsel), for Central Islip State Hospital, respondent.

Laurence D. Kieran, special guardian for Heidi Dalzell and others, infants, respondents.

Richard Cummins, Jr., special guardian for Charles Kurpick, an incompetent, respondent.

S. SAMUEL DI FALCO, S.

The testatrix created five separate trusts for five named individuals, and in each case she directed that upon the death of the income beneficiary, the principal set apart for his or her life use "shall become part of my residuary estate". She bequeathed her residuary estate to her trustees, directing them "to divide my said residuary estate into three (3) equal parts". Each of the three...

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