MATTER OF DUNCAN


28 Misc.2d 730 (1961)

In the Matter of The Estate of John P. Duncan, Deceased.

Surrogate's Court, New York County.

March 1, 1961


Attorney(s) appearing for the Case

Barr, Robbins & Palmer (J. Culbert Palmer of counsel), for Hanover Bank, as trustee, petitioner. Abraham Rotwein, as special guardian for Michael A. Slote, an infant, respondent. Winthrop, Stimson, Putnam & Roberts (Lawrence A. Baker, Philip G. Hull and Carroll S. Bayne, Jr., of counsel), for Kathryn D. O'Neill and others, respondents. Bokat & Bokat for William Goldberg and others, respondents. Sincerbeaux & Shrewsbury (Alfred W. Bergren of counsel, for Duncan Dunscombe and others, respondents. Lewis, Durante & Bartel for Allen Kandall and another, respondents. Praeger & Sacher for Hyman Breitman and others, respondents. Julius Zizmor for Irving J. Lipman, as executor of Harry Lipman, deceased, respondent. Ned Stein for Bernice R. Keller and another, as executrices of Martin Weiss, deceased, respondents. Eisman, Lee, Corn, Sheftel & Block for David Levin and others, respondents. Edwin M. Slote for Frank H. Wolf and others, respondents.


JOSEPH A. COX, S.

The testator died on April 7, 1901 and by his will created a trust of his residuary estate for the primary income benefit of his widow with secondary life estates in favor of those of his children who survived his wife. He directed that upon their deaths the remainder of the secondary trusts pass "to the issue of such beneficiary in such shares and proportions as may be directed by the last will and testament of said beneficiary, or...

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