MATTER OF PARTRIDGE


18 Misc.2d 399 (1959)

In the Matter of The Estate of Mason H. Partridge, Deceased.

Surrogate's Court, New York County.

June 5, 1959.


Attorney(s) appearing for the Case

Harlan G. Carson, as trustee, petitioner in person.

Budd, Quencer & Commette (Joseph F. O'Handley of counsel), for Margaret P. Walker, respondent.


S. SAMUEL DI FALCO, S.

The objections to the account of the trustee present a question of construction of the third paragraph of the will which created a trust of the residuary estate for the life use of the testator's brother and sister. Upon their death, he directed that the funds in the hands of his trustee "be paid over and transferred to the village of Elizabethtown, New York, to do with as it shall see fit". The sister claims that the gift of the...

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