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MATTER OF WRIGHT

23 Misc.2d 140 (1960)

In the Matter of The Estate of Eben Wright, Deceased.

Surrogate's Court, New York County.

March 28, 1960.

Attorney(s) appearing for the Case

Alexander & Keenan (Stephen J. McTague of counsel), for First National City Trust Company, as successor trustee, petitioner.

Goodwin, Danforth, Savage & Whitehead for John W. Pyne and others, respondents.

Saul H. Nack, as special guardian for Moses T. Pyne and others, infants, respondent.

Philip Greco, as special guardian for Anna Wright, an incompetent, respondent.

JOSEPH A. COX, S.

In this proceeding to settle its account, the trustee has requested construction of paragraph Fifth of the testator's will. The pertinent text of the paragraph which requires construction reads as follows: "I direct my executors and trustees to separate and hold in trust another one-third part of my said estate and to apply and pay over the net rents, income and profits thereof to the use...

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