MATTER OF POWERS


27 Misc.2d 179 (1960)

In the Matter of the Will of George A. Powers, Deceased.

Surrogate's Court, Kings County.

November 14, 1960


Attorney(s) appearing for the Case

Wrenn & Schmid for Kings County Trust Company, as substituted trustee, petitioner. Herbert Carr, as special guardian for Geraldine A. Powers, an infant, and another. Wingate & Cullen for First National City Bank of N. Y., as executor and trustee under the will of Mary L. O'Flyn, deceased. Julius Curtis and J. George Silberstein for Victoria P. Curtis. W. B. Manee for Georgianna P. Goerke. William S. Duncan, as sole surviving executor and trustee of Thomas Powers, as executor of Robert D. Powers, and another. Joseph T. Arenson for Public Administrator of New York County. Charles Hollendar for Edward M. O'Flyn. Louis J. Lefkowitz, Attorney-General, for State of New York. Angulo, Cooney, Marsh & Ochterloney for First National City Trust Co. H. Howard Babcock for Florence E. Woodworth and others.


MAXIMILIAN MOSS, S.

This proceeding seeks the judicial settlement of the account of petitioner as substituted trustee of the secondary trust for testator's grandson, Robert De Bevoise Powers, which terminated by his death on July 21, 1958, without issue. Petitioner further presents a question of construction to determine the persons entitled to receive the remainder of the trust estate and in what proportions...

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