MATTER OF MUELLER


34 Misc.2d 584 (1962)

In the Matter of The Estate of Theodore F. Mueller, Deceased.

Surrogate's Court, New York County.

March 27, 1962


Attorney(s) appearing for the Case

Giddings, Keating & Reid (Samuel Schachter of counsel), for John M. Keating, petitioner. Gillespie & O'Connor (John A. Hoyt of counsel), for Madison Square Boys, Inc., and another, respondents. Webster, Sheffield, Fleischmann, Hitchcock & Chrystie for Albert Schweitzer Fellowship, Inc., respondent. Walter G. Moyle for Joyce Mueller, respondent.


S. SAMUEL DI FALCO, S.

This testator's will created a marital deduction trust for the benefit of his widow and grants to her the power to appoint its remainder. The residuary trust is also for the widow's benefit and that remainder passes to three charities upon her death. The corpus of both funds may be invaded for her maintenance, in certain contingencies, with the proviso that in making any such invasion...

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