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MATTER OF LIVINGSTON

31 Misc.2d 41 (1961)

In the Matter of The Estate of Susan B. Livingston, Deceased.

Surrogate's Court, New York County.

July 11, 1961

Attorney(s) appearing for the Case

Gruberg, Widder & Connolly (George Gruberg, Marie C. Connolly and Barry Shanbron of counsel), for Edmund P. Livingston, as substituted trustee, petitioner. Coffin, Coffin & Inman for National Commercial Bank and Trust Company of Albany, as executor and trustee of Henry H. Livingston, deceased, respondent. James J. Lopilato, as special guardian for Bruce C. Hansell and others, infants, respondent. Roswell C. Otheman, in person, as executor of Herman Livingston, deceased, respondent.

S. SAMUEL DI FALCO, S.

This is an application to construe the will. Under paragraph Fifth thereof the testatrix gave one half of all her bonds and mortgages and real property or the net proceeds thereof to her daughter Anna P. Livingston absolutely, and the other half in trust to pay the income thereof to her daughter Sarah L. Williams for life: "and upon her death leaving lawful issue of her, her surviving,...

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