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MATTER OF LOWRY

39 Misc.2d 591 (1963)

In the Matter of The Estate of Edward N. Lowry, Deceased.

Surrogate's Court, Onondaga County.

June 27, 1963

Attorney(s) appearing for the Case

Bond, Schoeneck & King (Henry McCarthy of counsel), for First Trust and Deposit Company, as trustee, petitioner.

LAURENCE D. WOOD, S.

Three questions are raised for decision in connection with the second and third paragraphs of clause "Fourth A" of the will of Edward N. Lowry which are as follows:

"I direct my Trustee to keep and hold the same and to collect and receive the rents, income and profits therefrom, and after paying all taxes and charges of any kind properly payable by the trustee upon or in respect of said trust fund or the income thereof, to...

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