MATTER OF TIETZ


39 Misc.2d 895 (1963)

In the Matter of The Estate of Elsie H. Tietz, Deceased.

Surrogate's Court, Suffolk County.

June 13, 1963


Attorney(s) appearing for the Case

Topken & Farley for petitioner. Walter George Kapp, as special guardian for Douglas Baier, an infant. White & Case for Chemical Bank New York Trust Company, as trustee.


PIERSON R. HILDRETH, S.

In this construction proceeding the executor requests a determination of the meaning of articles "FOURTH" and "SEVENTH" of decedent's will. It appears that the executor is in doubt as to whether a valid trust is created by the will, and if there is a valid trust, whether the income beneficiary of the trust must survive to age 40 in order to take the remainder upon termination of the trust.

The testatrix died July 2, 1962...

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