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MATTER OF GOULD

32 Misc.2d 632 (1961)

In the Matter of The Estate of Helen D. Gould, Deceased.

Surrogate's Court, New York County.

November 30, 1961

Attorney(s) appearing for the Case

Carter, Ledyard & Milburn for United States Trust Company of New York, as trustee, petitioner. Hale, Kay & Grant for Ronda Muschenheim, respondent. Cadwalader, Wickersham & Taft for John S. Cram, III, respondent. J. Arthur Leve for George J. Gould, respondent. Stephen A. Koplin, as special guardian for Helen D. Drexel and others, infants, respondent. Coudert Brothers for David H. Taylor and another, as executors of Howard Gould, deceased, respondents. Gillespie & O'Connor for Helen G. Maret, respondent. Jackson, Nash, Brophy, Barringer & Brooks for Edwin J. Gould and others, respondents. Moss, Wels & Marcus for Silvia G. Portnet, respondent. Colton & Pinkham for Anthony J. Drexel, 4th, respondent. Webster Sheffield Fleischmann Hitchcock & Chrystie for Dorothy G. Burns, respondent. Perkins, Daniels, McCormack & Collins for Anna G. de Talleyrand, respondent.

S. SAMUEL DI FALCO, S.

In this accounting proceeding a construction is requested as to the disposition of a terminated trust heretofore held for the benefit of the testatrix' son. The primary gift of the trust remainder is to the income beneficiary's issue, but he died without leaving descendants. In such event article third of the will provides that the fund be "divided among the brothers and sisters and children...

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