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MATTER OF CARPENTER

33 Misc.2d 444 (1961)

In the Matter of The Estate of Charles W. Carpenter, Deceased.

Surrogate's Court, New York County.

December 12, 1961

Attorney(s) appearing for the Case

Coudert Brothers for Chemical Bank New York Trust Company, as substitute trustee, petitioner. Sullivan & Cromwell (William C. Pierce and Lorene Joergensen of counsel), for Caroline B. C. De Van, respondent. Grace Kelly Santo, as special guardian for Robert T. De Van and others, infants, respondent.

JOSEPH A. COX, S.

In this proceeding for judicial settlement of the final account of the substituted trustee, the petitioner prays for a construction of paragraph Ninth of the will. The testator bequeathed a part of his residuary estate in trust for his daughter Lillian Carpenter Curtis to pay her the income for life and further provided: "Upon the death of my said daughter, LILLIAN CARPENTER CURTIS, I will and direct that the part or share held in trust...

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