MATTER OF ROGERS


25 Misc.2d 469 (1960)

In the Matter of The Estate of Emilie R. Rogers, Deceased.

Surrogate's Court, New York County.

July 11, 1960.


Attorney(s) appearing for the Case

Carter, Ledyard & Milburn for United States Trust Company of New York, as trustee, petitioner. Townley, Updike, Carter & Rodgers (James W. Rodgers of counsel), for Alice W. Cooke, individually and as executrix of Allan W. Cooke, deceased, respondent. Townsend & Lewis for James C. Bradley, individually and as executor of Eleanor A. Bradley, deceased, individually and as executrix of Caroline A. Skinner, deceased, respondent.


JOSEPH A. COX, S.

Certain property of the father of this testatrix passed to her through the exercise of a testamentary power of appointment. The testatrix disposed of one half of this property in the Fourth article of her will and it is such disposition that now presents a question of construction. By that article the testatrix (1) set apart one fourth of the property in trust for the benefit of Eleanor W....

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