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MATTER OF CENCI

12 Misc.2d 221 (1958)

In the Matter of The Estate of Eleanora L. S. Cenci, Deceased.

Surrogate's Court, New York County.

June 17, 1958.

Attorney(s) appearing for the Case

J. Seymour Montgomery and Hyman L. Battle, Jr., for United States Trust Company of New York, as trustee, petitioner.

Lawrence W. Krieger for University of Rome and another, respondents.

McNally & Krieger for Carlo de Ferrariis Salzano, Consul General of Italy at New York on behalf of the City of Rome, Italy, respondent.

Winthrop S. Emmet for Lorillard Spencer, IV, and others, respondents.

Louis J. Lefkowitz, Attorney-General (P. Hodges Combier of counsel), for ultimate, indefinite and uncertain charitable beneficiaries, respondent.

S. SAMUEI DI FALCO, S.

A question has been raised in this accounting proceeding with respect to the disposition of the remainder of the residuary trust which has fallen in by reason of the death of testatrix' daughter, the income beneficiary.

So far as necessary for the purpose of determining the question before us, "Article Seventh" reads:

"Article Seventh: * * * As a token of my esteem for...

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