MATTER OF REMSEN


37 Misc.2d 1071 (1962)

In the Matter of The Estate of Thomas R. Remsen, Deceased.

Surrogate's Court, Washington County.

December 10, 1962


Attorney(s) appearing for the Case

Thomas C. Remsen, petitioner in person. Olin W. Loughrey for Doris M. Billard, respondent. Bertram J. Dube, as special guardian for infant respondents.


ROBERT W. BASCOM, S.

Upon this accounting proceeding a question arises as to the proper disposition of $4,483.72 of accumulated income in the hands of the trustee under the will of Thomas R. Remsen, who died November 12, 1958. The clauses of the will generating the problem, and requiring construction of their validity and effect, are the THIRD and SEVENTH, which dispose of the residuary estate and read as follows:

"THIRD: All the rest, residue...

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