MATTER OF FREEMAN


40 Misc.2d 851 (1963)

In the Matter of The Estate of Gertrude K. Freeman, Deceased.

Surrogate's Court, Cattaraugus County.

October 31, 1963


Attorney(s) appearing for the Case

Patrick J. Mannis for Charles J. Fitzgerald, petitioner. Shane & McCarthy (Cornelius J. McCarthy of counsel), for First National Bank of Olean, as executor trustee.


ALONZO J. PREY, S.

This is a proceeding on the application of Charles J. Fitzgerald, the life beneficiary of a trust, created by the above-named deceased by her last will and testament for a construction of paragraph FOURTH of the last will and testament of said deceased in which the petitioner asks that the court determine whether, or not, the trustee is acting with reasonable discretion in fixing the amount of monthly payments for his care and support...

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