MATTER OF KINGSTON TRUST CO.


14 A.D.2d 625 (1961)

In the Matter of the Accounting of Kingston Trust Company, as Surviving Trustee under The Will of Anna F. Clearwater, Deceased, Respondent. Nell B. Klein, Appellant; Thelma B. Clearwater, as Executrix of Anna F. Clearwater, Deceased, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

August 1, 1961


Testatrix by her will created a life estate for her brother-in-law Ralph Davis Clearwater and upon his death directed the trustees "to treat the balance of said trust * * * as a part of my residuary estate, and distribute the same pursuant to the residuary clause" of the will. The residuary was given by the will to Thomas Hoffman Clearwater, who was the son of the life beneficiary Ralph. Decedent died in 1937; Thomas, the residuary beneficiary, died in 1950, leaving a will...

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