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MATTER OF CARTER

15 Misc.2d 599 (1958)

In the Matter of The Estate of Elliott C. Carter, Deceased.

Surrogate's Court, New York County.

December 2, 1958.

Attorney(s) appearing for the Case

Dorsey, Burke & Keber (James F. Hart of counsel), for Florence C. Carter and others.

Shearman & Sterling & Wright (Margaret Smith of counsel), for Elliott C. Carter, Jr., individually and as trustee, petitioners.

Harry W. Davies, as special guardian for David C. Carter and others, infants, respondent.

JOSEPH A. COX, S.

The questions presented in this accounting proceeding are disposed of as follows:

Subdivision D of the sixth paragraph of the will gives to any one of the trustees (other than Elliott C. Carter, Jr.) discretion in respect of payment from principal of such sum not exceeding $18,000 per year as such trustee shall determine "is necessary or desirable in order that [Elliott C. Carter, Jr...

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