MATTER OF DALLEY


21 A.D.2d 818 (1964)

In the Matter of The Estate of John W. Dalley, Deceased. Lawrence G. Williams, as Cosuccessor Trustee, Appellant; Orville H. Mann, Cosuccessor Trustee, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 22, 1964


Decree, insofar as appealed from, affirmed, with costs to all parties appearing and filing briefs, payable from the trust funds.

The learned Acting Surrogate correctly construed the provisions of the will as neither empowering the original trustees or their successors to make nor to retain investments in the trust fund other than those investments approved by statute (Personal Property Law, § 21). In determining the aggregate value of the property of the trust...

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