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MATTER OF O'BRIEN

33 Misc.2d 484 (1962)

In the Matter of The Estate of John J. O'Brien, Deceased.

Surrogate's Court, Schenectady County.

April 5, 1962

Attorney(s) appearing for the Case

Fairlee, Armstrong & Smith (Harold Armstrong, Samuel M. Hesson and Raymond G. Smith of counsel), for Schenectady Trust Company, as trustee under the will of John J. O'Brien, petitioner. Verdi, Pierce & Van Winkle (Gerald T. Hennessy of counsel), for executors of the estate of Thomas C. O'Brien, respondents. Behrman & Real (Frank E. Behrman of counsel), for Mary E. O'Brien, respondent.

WILLIAM F. HAHN, JR., S.

Petitioner as sole surviving trustee of a variety of trusts under the will of the testator has asked the court to construe the provisions of the testator's will affecting the distribution of the proceeds of the trusts created by the testator for the benefits of Mary O'Brien and Kate O'Brien.

Both Mary O'Brien and Kate O'Brien have died and the funds held in trust for them during their lives are now distributable. A controversy...

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