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MATTER OF KILBORN

15 Misc.2d 938 (1958)

In the Matter of The Estate of Horace M. Kilborn, Deceased.

Surrogate's Court, New York County.

December 10, 1958.

Attorney(s) appearing for the Case

Emmet, Marvin & Martin for Bank of New York, petitioner.

Graef & Schlesinger for Olga Kilborn, individually and as executrix of Orson Kilborn, deceased, and others, respondents.

Robert E. Delany for Richard F. Kilborn and another, respondents.

Chester J. Dodge, Jr., for Douglas J. Hinds, a person in military service, and special guardian for Patricia Kilborn and others, infants, respondent.

S. SAMUEL DI FALCO, S.

In this proceeding to settle its account the trustee has requested instructions as to the distribution of the balance remaining in its hands constituting the principal of the trust created by the testator under paragraph Fifth of his will and for construction of the said paragraph Fifth so as to determine the remaindermen entitled to take thereunder. The clause sought to be construed...

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