MATTER OF MORGAN GUAR. TRUST CO. OF NEW YORK


27 Misc.2d 694 (1960)

In the Matter of the Final Accounting of Morgan Guaranty Trust Company of New York, as Trustee under the Will of Max Waessel, Deceased.

Surrogate's Court, Kings County.

November 14, 1960


Attorney(s) appearing for the Case

Davis Polk Wardwell Sunderland & Kiendl for trustee.


MAXIMILIAN MOSS, S.

Testator created a trust with income payable to his wife and son. "Upon the death of the last of the two beneficiaries" he directed that the principal be "distributed" one third to his son's wife and two thirds to his son's children. In the event the son died without children, one half was to be "paid" to the son's wife and the other half to testator's

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