MATTER OF MORGAN


34 Misc.2d 279 (1962)

In the Matter of The Estate of Milton Morgan, Deceased.

Surrogate's Court, New York County.

April 12, 1962


Attorney(s) appearing for the Case

Nordlinger, Riegelman, Benetar & Charney (Jacob I. Charney and Herman D. Schultz of counsel), for Adele M. Green and another, petitioners. Maurice Brandt for Manufacturers Hanover Trust Company, respondent. Cadwalader, Wickersham & Taft for First Church of Christ, Scientist, in Boston, Massachusetts, respondent. Philip A. Greco, as special guardian for Cherie A. H. Green and others, infants, respondent. Louis J. Lefkowitz, Attorney-General (Howard F. Danihy of counsel), for ultimate charitable beneficiaries, respondent.


S. SAMUEL DI FALCO, S.

A construction of testator's will is sought by his daughter individually and as one of the executors and by a sister of the decedent as an executor. The daughter is the income beneficiary of the trust of the residuary estate created in paragraph Fifth of the will. Testator provided in paragraph Sixth thereof that if his daughter desired to purchase a home for herself and her family and...

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