MATTER OF WARD


20 Misc.2d 608 (1959)

In the Matter of The Estate of Harriet S. Ward, Deceased.

Surrogate's Court, New York County.

October 21, 1959.


Attorney(s) appearing for the Case

White & Case (C. Simms Farr of counsel), for Bankers Trust Company, as trustee, petitioner.

David B. Silverman, as special guardian for Elizabeth M. Keaton and others, infants, respondent.


S. SAMUEL DI FALCO, S.

The trustee of a trust created for the benefit of a granddaughter of testatrix requests a construction of article Fourth of the will. The court is asked to determine whether the remainder is to be distributed among the lawful issue of the beneficiary per stirpes or per capita.

The testatrix died in 1908, leaving a will and codicil thereto dated 1905. The beneficiary died in 1958...

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