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MATTER OF ST. JOHN

37 Misc.2d 179 (1962)

In the Matter of The Estate of William M. St. John, Deceased.

Surrogate's Court, New York County.

September 17, 1962

Attorney(s) appearing for the Case

Kelley Drye Newhall Maginnes & Warren for Manufacturers Hanover Trust Company, as trustee, petitioner. Harold R. Kaplan, as special guardian for Lynn A. Hawthorne, an infant, respondent. Sprague & Peck (Stuart Sprague of counsel), for George M. Lanning, as executor of Rosalie St. John Herndon and another, respondents. George Gray Zabriskie (George W. McGrath, Jr., of counsel), for Cathedral Church of St. John the Divine in the City and Diocese of New York, respondent. Louis J. Lefkowitz, Attorney-General (P. Hodges Combier of counsel), for ultimate charitable beneficiaries.

S. SAMUEL DI FALCO, S.

In this construction proceeding it appears that the sixth paragraph of the testator's will established a trust in the amount of $100,000 with the income payable to two life beneficiaries. Upon the termination of the trust the trustee was: "then to pay over the principal of said fund hereby created and remaining in the hands of my said Executor and Trustee, to the Trustees of the Cathedral of St. John the Divine, now in course of...

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