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MATTER OF COLE

17 Misc.2d 352 (1959)

In the Matter of the Construction of the Will of Wesley H. Cole, Deceased.

Surrogate's Court, New York County.

March 18, 1959.

Attorney(s) appearing for the Case

Reilly, Curry & Gibbons (Francis R. Curry of counsel), for W. Howard Cole and another, as executors, petitioners.

Dimmock, Snyder & Van Patten (Charles A. Van Patten of counsel), for Chase Manhattan Bank, as sole surviving trustee, respondent.

Edwin B. Wolchok, as special guardian for Evelyn J. Cole and others, infants, respondent.

JOSEPH A. COX, S.

This proceeding has been instituted for a construction of article Fourth of the testator's will wherein he provided a trust for the benefit of his widow. The pertinent text reads: "Upon the death of my wife, or in the event she does not survive me, I direct my executors and trustees to distribute the principal of the trust fund hereinbefore created for her benefit together with any accumulation, to my children Evelyn Cole Burns and W...

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