MATTER OF JOHNSON


40 Misc.2d 539 (1963)

In the Matter of The Estate of Emma D. Johnson, Deceased.

Surrogate's Court, New York County.

September 5, 1963


Attorney(s) appearing for the Case

Lavine, Carrow, Bernson & Ticker (James Allan Bernson of counsel), for petitioner. Pierre J. Sherry for Swedish Hospital in Brooklyn. Gustave W. Kvalden for Swedish Home for the Aged Inc. Joseph G. Blum, as special guardian for Michael Brennen. Victor Jacobs, as special guardian for unborn issue of John H. Brennen III.


JOSEPH A. COX, S.

This proceeding has been instituted by the testatrix' granddaughter, a trust beneficiary, to obtain a construction of the testatrix' will. The will was executed in 1921 and the testatrix died in 1928. The 19th article of the will created a trust for the benefit of the petitioner in this proceeding with the trust income payable to her, under specific restrictions, and, upon her death, the trust remainder payable to her lawful issue. The...

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