MATTER OF FIRST NAT'L BANK & TRUST CO. OF CORNING


8 A.D.2d 756 (1959)

In the Matter of the Accounting of First National Bank and Trust Company of Corning, as Trustee under The Will of John Maloney, Deceased, Respondent. Winifred Richar, as Executrix of Marietta M. Watson, Deceased, et al., Appellants

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

May 6, 1959


Decree insofar as appealed from reversed on the law and facts and matter remitted to the Surrogate's Court for entry of a decree in accordance with the memorandum, with costs to each party filing a brief payable out of the estate.

Memorandum:

The appeal from the decree of the Surrogate's Court brings up for review the application of the rule against perpetuities as it relates to the will of the testator. Since the will was executed on May 23, 1933 and the...

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