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MATTER OF CARTER

34 Misc.2d 106 (1962)

In the Matter of The Estate of John A. Carter, Deceased.

Surrogate's Court, New York County.

March 6, 1962

Attorney(s) appearing for the Case

Willkie Farr Gallagher Walton & Fitz Gibbon (William Fitz-Gibbon, Henry L. Ughetta II and James S. Brown, Jr., of counsel), for Chemical Bank New York Trust Company, petitioner. Richard Steel for Rector, Church Wardens & Vestrymen of the Church of the Heavenly Rest, respondent. McKercher & Link (George Link, Jr., and Charles H. Buckley of counsel), for New York Medical College, Flower Hospital, and another, respondents.

S. SAMUEL DI FALCO, S.

In this proceeding to settle the account of the surviving trustee construction of the will is requested. In its eighth paragraph the testator directed that his executors "set aside securities to establish a trust fund in such amount as to safely produce an annual income of Three thousand dollars ($3,000.00) and to pay the same to my friend, ANNA M. BURKE, of the City of New York, during...

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