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MATTER OF CLARKE

24 Misc.2d 177 (1960)

In the Matter of The Estate of Fanny E. Clarke, Deceased.

Surrogate's Court, New York County.

February 10, 1960.

Attorney(s) appearing for the Case

Parker, Duryee, Benjamin, Zunino & Malone for Bank of New York, as successor trustee, petitioner.

Paul, Weiss, Rifkind, Wharton & Garrison (Robert E. Samuels and Bernard H. Greene of counsel), for Louise B. Wiedhopf and another, respondents.

Barr, Robbins & Palmer for First National City Trust Company, as executor of Thomas B. Clarke, Sr., deceased, respondent.

Dewey, Ballantine, Bushby, Palmer & Wood (John L. Gray, Jr., and Richard B. Covey of counsel), for Camilla G. C. Grimm, as executrix of Thomas B. Clarke, Jr., deceased, respondent.

Le Boeuf, Lamb & Leiby (Julian L. Peabody of counsel), for Southampton Hospital, respondent.

McKercher & Link (Charles H. Buckley of counsel), for New York Medical College and another, respondents.

Clifford C. Edwards for East Hampton Free Library, respondent.

Raymond Smith, Jr., for Ladies Village Improvement Society, respondent.

Louis J. Lefkowitz, Attorney-General (Tony Berman of counsel), for ultimate charitable beneficiaries, respondent.

JOSEPH A. COX, S.

In this proceeding for the settlement of the final account of the successor trustee, the petitioner presents for determination a number of questions involving construction of those provisions of the will in which the testatrix disposed of the remainder of the residuary trust. Mrs. Clarke executed her will on June 2, 1919. It was admitted to probate in this court on December 6, 1920, approximately...

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