MATTER OF SEARLE


13 Misc.2d 912 (1958)

In the Matter of the Construction of the Will of Harry F. Searle, Deceased.

Surrogate's Court, Kings County.

August 19, 1958.


Attorney(s) appearing for the Case

Thomas J. Hubbard for Guaranty Trust Company, petitioner.

Nathan & Nathan for executor of Alexander H. Searle, deceased.

Brown, Wood, Fuller, Caldwell & Ivey for three nieces (daughters of Alexander H. Searle, deceased).

Fleischmann, Jaeckle, Stokes & Hitchcock for two nieces (daughters of Jeanette F. Hall, deceased sister).


MAXIMILIAN MOSS, S.

This is a proceeding to obtain a construction of testator's will probated on July 1, 1940, and in particular, section 2 of article "Sixth" thereof.

Testator created a residuary trust for the lives of his two sisters with income payable to them and a brother in certain proportions under varying contingencies. Section 2 provides for distribution of the principal of the trust upon the death of the survivor of the two sisters....

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