MATTER OF KINNICUTT


35 Misc.2d 944 (1962)

In the Matter of the Final Accounting of Bankers Trust Company, as Trustee under a Trust of Gustav H. Kinnicutt as Settlor for the Benefit of Francis P. Kinnicutt.

Supreme Court, Special Term, New York County.

June 11, 1962


Attorney(s) appearing for the Case

Hardy, Peal, Baker & Rawlings for petitioners. N. Holmes Clare for Sybil J. Kinnicutt, respondent. Donald W. Paley and Felix A. Muldoon for special guardian. Goodwin, Savage, Clare & Whitehead (A. Pennington Whitehead and Dixon La F. Stanton of counsel), for Fiduciary Trust Co. of New York and another, respondents.


OWEN McGIVERN, J.

The trust indenture, dated March 31, 1930, which is the subject of this proceeding, provided for payment of income to the settlor's son for life, with remainder as the son should appoint by will and in default of appointment to his heirs at law. In 1945, the son renounced any right to appoint except to or for the benefit of a group including his spouse and his issue. He died in 1961. By his...

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