MATTER OF SWAN


29 Misc.2d 878 (1961)

In the Matter of the Will of Emma M. Swan, Deceased.

Surrogate's Court, Orleans County.

July 17, 1961


Attorney(s) appearing for the Case

Harris, Beach, Keating, Wilcox, Dale & Linowitz for Security Trust Company of Rochester, as trustee. Fink & Pavia for Phyllis P. Grant. Francis A. Sturges, as special guardian for Frances D. Etheridge, an incompetent, and for unknown persons. Francis A. Sturges for Helen R. Fisher and another. Raymond H. Benedict for William Pabst, assignee of Ada S. Milby.


J. KENNETH SERVÉ, S.

In its final accounting proceedings, the accounting trustee has requested a construction and determination as to the meaning and intent of the trust provisions in paragraph Twenty-second of the decedent's will, which paragraph reads as follows: "Twenty-second. In case my estate amounts to more than the sums named in the bequests, the remaining amount is to be divided into eight equal...

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