MATTER OF MORGAN


37 Misc.2d 448 (1962)

In the Matter of The Estate of John A. Morgan, Deceased.

Surrogate's Court, New York County.

October 15, 1962


Attorney(s) appearing for the Case

Burke & Burke (Jay W. Jacobs of counsel), for Coleman Burke, as trustee, petitioner. James M. O'Brien, as special guardian for John W. Morgan, an incompetent, respondent.


JOSEPH A. COX, S.

The testator bequeathed his residuary estate in trust for the primary benefit of his son during the latter's lifetime and the direction to the trustee was to apply such portion of the trust income as might be necessary for the care and maintenance of the son and, in the trustee's discretion, so much of the corpus as might be required to provide such care and maintenance. The testator provided further that any income not applied for his...

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