MATTER OF MITCHELL


30 Misc.2d 781 (1961)

In the Matter of the Construction of the Will of Charles W. Mitchell, Deceased.

Surrogate's Court, Kings County.

April 14, 1961


Attorney(s) appearing for the Case

Neil M. Lieblich for petitioner. Kermit Gitenstein, as special guardian. David R. Logan for William R. Breck and others, as trustees.


JAMES S. BROWN,

Justice of the Supreme Court and Acting Surrogate. A construction of paragraph "SEVENTEENTH" of testator's will is sought by the beneficiary of the trust created thereunder. It reads as follows: "SEVENTEENTH: All the rest, residue and remainder of my estate, whether the same be real or personal and wherever the same may be situated, I hereby give, devise and bequeath to my trustees, hereinafter named, to be held by them in trust so long...

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