MATTER OF GARRETT


9 A.D.2d 545 (1959)

In the Matter of the Construction of The Will of James R. Garrett, Deceased. Otho S. Bowling, as Trustee, et al., Appellants-Respondents; Grace K. Garrett, Respondent-Appellant; Louis J. Lefkowitz, Attorney-General of The State of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

August 3, 1959


Judgment modified upon the law and the facts (1) by striking therefrom the first decretal paragraph and by substituting therefor a paragraph to the effect that the construction and intent of the will is that there is no charge of such amount in addition to trust income, as in the sole judgment of the trustee may be necessary for the support and maintenance of the petitioner, (2) by striking from said decree the second decretal paragraph and by substituting therefor a paragraph...

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