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MATTER OF BUTLER

28 Misc.2d 927 (1961)

In the Matter of the Construction of the Will of John R. Butler, Deceased.

Surrogate's Court, Nassau County.

March 14, 1961

Attorney(s) appearing for the Case

Proskauer Rose Goetz & Mendelsohn for petitioner. Salvatore L. Digiovanna, as special guardian for Helen B. Turner, an incompetent. Leon Shaw, as special guardian for Richard B. Page and others, infants.

JOHN D. BENNETT, S.

This is a construction proceeding in which the court is requested to construe the following portion of decedent's will: "In connection with the said separate trust funds hereinbefore mentioned for my said children, I authorize and empower my said Executors, in their discretion, to pay and advance out of the principal, such sum or sums as may be requested from time to time by my said children...

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