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MATTER OF SANDS (BARBARITA)

20 Misc.2d 647 (1959)

In the Matter of the Intermediate Accounting of Arthur Prince et al., as Trustees under an Indenture of Trust with Irene G. Sands, Now Known as Irene G. Barbarita.

Supreme Court, Westchester County.

June 2, 1959.

Attorney(s) appearing for the Case

David C. Gilberg and Louis L. Simkerkoff for petitioners.

ELBERT T. GALLAGHER, J.

In this intermediate accounting by the trustees of an inter vivos trust the court is asked to construe the trust indenture and determine, preliminarily, whether Lisa Barbarita, an adopted child of the settlor, is entitled to share as one of the income beneficiaries and remaindermen.

The indenture employs the word "issue" to identify the class of persons who are to receive...

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