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MATTER OF HART

26 Misc.2d 258 (1960)

In the Matter of The Estate of E. Burton Hart, Deceased.

Surrogate's Court, New York County.

March 31, 1960

Attorney(s) appearing for the Case

Lovejoy, Morris, Wasson & Huppuch (Winslow M. Lovejoy and Patrick M. Casey of counsel), for Irving Trust Company as executor of Anna H. Kinney, deceased trustee, petitioner. Hogan & Kelleher (Joseph C. Hogan and J. Byrne of counsel), for Hugh W. Jackson and others, respondents. Harold Dempsey, as special guardian for Hugh W. Jackson, Jr., and others, infants, respondent.

S. SAMUEL DI FALCO, S.

The testator died in 1904. In his will he created a trust of $140,000 for the life use of his daughter, Anna H. Kinney (then known as Anna D. Hart). Upon her death, the principal of the trust is bequeathed to her "then heirs-at-law" in accordance with the law of the State of New York in force at the time of her death. Mrs. Kinney died on January 30, 1956. Originally she had been one of...

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