MATTER OF ASCHNER


43 Misc.2d 809 (1964)

In the Matter of The Estate of Edith W. Aschner, Deceased.

Surrogate's Court, Kings County.

August 19, 1964


Attorney(s) appearing for the Case

Cullen & Dykman for trustee, petitioner. Walter J. Loria for committee of incompetent. Lewis, Rassner & Bermas for Federation of Jewish Philanthropies.


ORRIN G. JUDD, S.

As an incident to the judicial settlement of a trustee's account, the court is required to construe article "FOURTH" of the will to determine whether the trustee has authority to invade the principal of the trust, without taking into consideration the other resources of the beneficiary. Additionally, the respondent beneficiary's representative seeks to have the court direct the trustee to pay the fees and expenses incurred in securing...

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