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MATTER OF WINTHROP

22 Misc.2d 73 (1959)

In the Matter of The Estate of Gertrude C. Winthrop, Deceased.

Surrogate's Court, New York County.

November 10, 1959.

Attorney(s) appearing for the Case

Coudert Brothers (George R. Farnham and Emilio A. Dominianni of counsel), for Bank of New York, trustee, petitioner.

Bleakley, Platt, Walker, Hart & Fritz for Booth Waterbury and another, petitioners.

Seghers, Reinhart & McCall for Grenville F. Waterbury and others, remaindermen, petitioners.

Davies, Hardy & Schenck for Donald B. Jones, respondent.

Campbell & Hills (Edgar Hills of counsel), for Harry Sanger and others, respondents.

S. SAMUEL DI FALCO, S.

Testatrix who died on December 8, 1926 created a trust of her residuary estate with the income payable to her son, Lawrence Johnston, during his lifetime. A nephew, Cleveland Livingston Waterbury, also known as C. Livingston Waterbury, was a vested remainderman to the extent of one twelfth of the trust subject to being divested in the event that the income beneficiary died leaving issue...

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