MATTER OF MATHISON


10 Misc.2d 869 (1958)

In the Matter of the Accounting of Manufacturers Trust Company, as Trustee under the Will of Julia E. Mathison, Deceased.

Surrogate's Court, Kings County.

March 12, 1958.


Attorney(s) appearing for the Case

Cullen & Dykman for petitioner.

McLanahan, Merritt & Ingraham for Brooklyn Methodist Episcopal Home.

Kelley, Drye, Newhall & Maginnes for Methodist Hospital of Brooklyn.

Hildreth & Van Nostrand for Clara W. Cummings.


MAXIMILIAN MOSS, S.

As an incident to a successor trustee's accounting a construction is sought of article "Ninth" of the will to determine the validity of a secondary trust created thereunder, and if invalidity be found, the manner of disposition of the trust corpus.

The testatrix died on April 29, 1914 leaving a will dated June 5, 1911. By the terms of the article to be construed the income of the...

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