MATTER OF BUTLER


36 Misc.2d 430 (1962)

In the Matter of The Estate of John G. Butler, Deceased.

Surrogate's Court, New York County.

June 28, 1962


Attorney(s) appearing for the Case

Philip Wiltchik for Gilbert A. W. G. Cockburn, petitioner. Sage, Gray, Todd & Sims (George W. McGrath, Jr., and Fred G. Groiss of counsel), for Chemical Bank New York Trust Company, respondent. Cleary, Gottlieb & Steen (John F. Ward and George De Sipio of counsel), for Paul S. C. Hayes-Fitton, respondent. Frederick W. Scholem, as special guardian for Cherry Cockburn, an infant, respondent.


S. SAMUEL DI FALCO, S.

This is a proceeding for a construction of the will. Petitioner is a grandson of testator and a remainderman of the last of four trusts created under article Fourth of the will.

The will was executed and testator died many years prior to the enactment of section 47-a of the Decedent Estate Law so that the common-law rule applies. The provision in question reads as follows:

"I give and bequeath to Charles T. Duncklee...

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