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MATTER OF MAYER

35 Misc.2d 111 (1962)

In the Matter of The Estate of Carolyn S. Mayer, Deceased.

Surrogate's Court, New York County.

May 14, 1962

Attorney(s) appearing for the Case

Rodecker, Bricker & Levinsohn for Oshin Agathon and others, as executors, petitioners. James J. Lopilato, as special guardian for Sherry E. Simmons, an infant, respondent. Henry C. Bourne for Diocese of North Carolina for the Protestant Episcopal Church of the United States, respondent.

S. SAMUEL DI FALCO, S.

On the settlement of the account the executors seek interpretation of this will with respect to the question of whether the testamentary trust created by death on July 16, 1958 unlawfully suspends the power of alienation beyond the period permitted by statutes then in effect.

The testatrix bequeathed to her trustees one half of her estate to be held by them for the life of her spouse. Upon his death

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