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GUARANTY TRUST CO. v. NEW YORK CITY CANCER COMMITTEE

145 Conn. 542 (1958)

GUARANTY TRUST COMPANY OF NEW YORK ET AL., EXECUTORS AND TRUSTEES (ESTATE OF JOHN H. HARRIS) v. NEW YORK CITY CANCER COMMITTEE ET AL.

Supreme Court of Connecticut.

Decided June 24, 1958.

Attorney(s) appearing for the Case

Thurston Greene, for the plaintiffs.

Ernest McCormick, with whom was Lee C. Fielden, for the defendant Peter Bent Brigham Hospital.

John N. Cole, for the named defendant.

Jonathan F. Ells, for the defendant Hoes and, pro se, as guardian ad litem for undetermined charities.

DALY, C. J., KING, MURPHY, MELLITZ and SHEA, JS.

KING, J.

This is an action seeking a construction of certain portions of the will and codicil of John H. Harris, late of Salisbury, Connecticut. The questions propounded fall into two main groups. The first group concerns the right of the trustees to invade the principal of the trust corpus to carry out the provisions for the testator's widow. The second group concerns the proration of taxes, especially on the residuary gifts.

Of the first six articles of...

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