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MATTER OF HUTCHINS

23 Misc.2d 565 (1960)

In the Matter of The Estate of Augustus S. Hutchins, Deceased.

Surrogate's Court, New York County.

March 2, 1960.

Attorney(s) appearing for the Case

Irving Smith, Jr. (Powers, Kaplan & Berger of counsel), for William J. Fagan and others, as executors of Lyle R. Harrison, deceased trustee, and another, petitioners.

Dunnington, Bartolow & Miller (Frank M. Foley and William M. Bradner of counsel), for Elizabeth W. Hamilton, individually and as executrix of Julia H. Wolcott, deceased, respondent.

Charles A. Ellis for Albertha Wolcott and another, respondents.

Lyman B. Lewis for Margaret J. Hutchins, respondent.

Waldo Hutchins, III, respondent in person.

Irving M. Luria, as special guardian for Frederick J. Hutchins and others, infants, respondent.

JOSEPH A. COX, S.

In this proceeding for the judicial settlement of the account of trustees, respondent David Wolcott was cited because of his status as a legatee under the will of a deceased income beneficiary of one of the trusts. Wolcott filed an answer asking that the testator's will be construed as entitling him to a portion of a trust principal and further asking that a certain release executed by him...

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