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MATTER OF WHITTEMORE

25 Misc.2d 309 (1960)

In the Matter of The Estate of Fielding L. Whittemore, Deceased.

Surrogate's Court, New York County.

April 12, 1960.

Attorney(s) appearing for the Case

Cullen & Dykman (J. K. Ryan of counsel), for Manufacturers Trust Company, petitioner. Reilly, Curry & Gibbons (Francis R. Curry of counsel), for William F. White, as executor of Ella V. Whittemore, deceased, respondent. Halleron & O'Brien (John J. Halleron, Jr., of counsel), for Arianna E. London and another, respondents. Adams & James for Virginia H. Twinch, respondent. Benjamin D. Gold, as special guardian for James P. H. Green and others, infants, respondent. Moses Kove, as special guardian for Thomas R. Heiser, a missing person, and for unknown parties, respondent.

S. SAMUEL DI FALCO, S.

In this proceeding to settle its account, the trustee has petitioned for a construction of the decedent's will. The facts briefly stated which necessitate the construction are as follows:

The decedent died on April 15, 1917 leaving a last will and testament which was duly admitted to probate in this court in July of that year. In article Fourth of his will, the testator created...

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