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MATTER OF DICKSON

32 Misc.2d 1000 (1962)

In the Matter of the Accounting of Hanover Bank under an Agreement Made by Joseph B. Dickson, Deceased, for the Benefit of Johanna R. Dickson, Deceased, and Others.

Supreme Court, Special Term, New York County.

January 24, 1962

Attorney(s) appearing for the Case

Kelley, Drye, Newhall & Maginnes for Hanover Bank, petitioner. Sowers, Herrick & Black (Frank Sowers, James H. Black and Charles W. Dibbell of counsel), for Shirley Boyce, respondent. Dewey, Ballantine, Bushby, Palmer & Wood (John L. Gray, Jr., and Richard B. Covey of counsel), for Thomas Dickson, Jr. Dunnington, Bartholow & Miller for Frank J. Moran, as executor of Johanna R. Dickson, deceased. Clark, Higson & Litsch for Alice D. Watson and others.

SIDNEY A. FINE, J.

The question of construction presented here is whether Shirley Boyce, adopted by Thomas Dickson, deceased, in 1933, almost 16 years after the execution of the trust agreement, is included within his "issue per stirpes" within the meaning of paragraph "SECOND" of the agreement and, therefore, entitled to share in the corpus distributable to the settlor's issue per stirpes upon the death of...

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