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MATTER OF MacGREGOR

15 Misc.2d 630 (1958)

In the Matter of The Estate of Charles S. MacGregor, Deceased.

Surrogate's Court, New York County.

October 30, 1958.

Attorney(s) appearing for the Case

Dewey, Ballantine, Bushby, Palmer & Wood for United States Trust Company of New York, petitioner.

Debevoise, Plimpton & McLean (Edward C. McLean and Charles I. Pierce, Jr., of counsel), for Charles R. MacGregor, respondent.

Rosenman, Goldmark, Colin & Kaye (Samuel I. Rosenman, Lawrence R. Eno, Murray Cohen and Alan Schwarz of counsel), for George P. MacGregor, respondent.

Joseph H. Muraskin, as special guardian for Jean T. MacGregor and another, infants, respondent.

S. SAMUEL DI FALCO, S.

In this trustees' accounting a construction of article "Fifth" of the codicil is required. This article reads:

"FIFTH: I hereby revoke Article SEVENTH of my said Last Will and Testament, and in lieu thereof I direct as follows: "I give the sum of Fifty Thousand Dollars ($50,000) to my Trustees in trust to pay the income therefrom to my brother ELMER RUSSELL GREGOR in...

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