MATTER OF VATABLE


39 Misc.2d 169 (1963)

In the Matter of The Estate of Jules J. Vatable, Deceased.

Surrogate's Court, New York County.

May 15, 1963


Attorney(s) appearing for the Case

Kiernan & Mulcahy for Henry A. Mulcahy, as executor and cotrustee of Jules J. Vatable, deceased. Kadel, Wilson & Potts (David M. Potts, Abraham Wilson and Robert Horan of counsel), for Morgan Guaranty Trust Company of New York, as trustee of the will of Pauline M. Vatable, deceased, respondent. Harold W. Farrell, as special guardian of Christine J. Nicoll and others. Davis, Polk, Wardwell, Sunderland & Kiendl (Joseph A. Bambury and Ernest S. Ballard, Jr., of counsel), for Morgan Guaranty Trust Company of New York, as cotrustee under the will of Jules J. Vatable, deceased.


JOSEPH A. COX, S.

The testator died in 1950. His will created a residuary trust measured by the life of his stepdaughter with the income payable to his widow as the primary beneficiary and the stepdaughter as the secondary beneficiary upon the widow's death. The testator directed that upon the trust's termination the principal be paid to his widow, if living, and if she not be living to other individuals. The widow died in 1956 but the stepdaughter whose...

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