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MATTER OF FALES

16 Misc.2d 106 (1959)

In the Matter of The Estate of Haliburton Fales, Deceased.

Surrogate's Court, New York County.

January 9, 1959.

Attorney(s) appearing for the Case

Cadwalader, Wickersham & Taft (Richard N. Crockett, Roy A. Povell and Peter Van Dyk Berg of counsel), for Haliburton Fales and another, trustees, petitioners.

Haliburton Fales, 2d, respondent in person.

Louis A. Crisano, as special guardian for Lawrence B. Dunham and others, infants, respondent.

Reuben A. Lazarus, as special guardian for Sandra F. Hilliman and others, infants, respondent.

JOSEPH A. COX, S.

The testator died in 1929 leaving a will dated April 24, 1928 which, by its thirteenth article, created a trust for the primary benefit of his son Haliburton and, upon the latter's death, for the benefit of his issue. The petition in this proceeding requests the court to determine whether or not an adopted daughter of the testator's said son has an interest in this trust. Facts which are not in dispute are that at the date of the testator...

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