MATTER OF ATWATER


24 Misc.2d 390 (1960)

In the Matter of the First Intermediate Accounting of Bankers Trust Company, as Trustee under the Will of William C. Atwater, Jr., Deceased.

Surrogate's Court, Suffolk County.

May 26, 1960.


Attorney(s) appearing for the Case

White & Case for petitioner.

Robert E. Thornhill, as special guardian.

John M. MacGregor, as executor of Evelene F. Atwater and for Dorris E. Atwater and another.


PIERSON R. HILDRETH, S.

This is an accounting proceeding in which the petitioner, as trustee, requests instructions as to the proper allocation of certain moneys between principal and income.

When he died in 1948, testator owned a 21.74738% interest in a tract of 1,585.49 acres of land in West Virginia in which there were deposits of coal. At that time portions of the land were, and they still are, subject...

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