MATTER OF McCANN


36 Misc.2d 144 (1962)

In the Matter of The Estate of James McCann, Deceased.

Surrogate's Court, Westchester County.

May 28, 1962


Attorney(s) appearing for the Case

Walsh & Walsh for petitioner. Farley, Jutkowitz & Lo Cascio for respondents. Richard J. Leahy for Margaret McC. Campana, respondent. George W. Cornell, as special guardian.


HARRY G. HERMAN, S.

The trustees, in connection with their intermediate account, request authority to dispose of a portion of the real estate so as to be in a position to make the necessary income payments to the beneficiaries. The question is presented by reason of the language in the will, more particularly paragraph "THIRTEENTH" which reads as follows: "THIRTEENTH: I order and direct that the executors hereof and trustees hereunder shall retain during...

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