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MATTER OF SMITH

26 Misc.2d 305 (1960)

In the Matter of The Estate of Edwin P. Smith, Deceased.

Surrogate's Court, New York County.

April 6, 1960

Attorney(s) appearing for the Case

Hawkins, Delafield & Wood (Dexter C. Hawkins and Louis S. Auchincloss of counsel), for Morgan Guaranty Trust Company of New York, as substituted trustee, petitioner. John Joseph Connors for Eleanor G. Roth and others, respondents. Wickes, Riddell, Bloomer, Jacobi & McGuire for George L. Smith, respondent.

S. SAMUEL DI FALCO, S.

In this trustees' final accounting, a construction of the will is asked to determine the distribution to be made of the remainder of the fund.

The decedent died in 1890 and disposed of one fourth of his residuary estate in trust during the lives of Tallmadge Hepburn Denslow and Edwin Porter Denslow, the two sons of his daughter, Mary A. Denslow. The will then provides that on the termination of the trust (1) if his son-in...

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