MATTER OF WILLSON


21 A.D.2d 937 (1964)

In the Matter of The Estate of Walter F. Willson, Deceased. Marine Midland Trust Company of Northern New York, as Executor of Walter F. Willson, Deceased, Appellant

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

July 2, 1964


Per Curiam.

The appeal is not contested and, indeed, there was no objection on the accounting before the Surrogate, by any party, to the commissions requested. Under the will, the trust was to be, and was, carved from the residuary estate, after the payment of numerous monetary and specific bequests; the testator explicitly stated his intention that all such bequests be paid "before the setting up of the trust"; the severance of the trust fund from the general...

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