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MATTER OF CARY

44 Misc.2d 929 (1965)

In the Matter of The Estate of Evelyn R. Cary, Deceased.

Surrogate's Court, Erie County.

January 11, 1965

Attorney(s) appearing for the Case

Hodgson, Russ, Andrews, Woods & Goodyear (John E. Dickinson of counsel), for petitioner. Magavern, Magavern, Lowe & Beilewech (Ward E. Dahlgren of counsel), for Sallie R. Archbald and others. Ohlin, Damon, Morey, Sawyer & Moot (Mason O. Damon of counsel), for Grace R. Smith. Sherwood L. Bestry, as special guardian. Phillips, Mahoney, Lytle, Yorkey & Letchworth (William E. Lytle of counsel), for Buffalo Foundation. Louis J. Lefkowitz, Attorney-General (Matthew A. Tiffany and Margaret D. Hazel of counsel), for State of New York.

WILLIAM J. REGAN, S.

During the pendency of the judicial settlement proceeding instituted by the Manufacturers and Traders Trust Company as successor trustee of the trust for the benefit of Evelyn Rumsey Lord, created under the will of Evelyn Rumsey Cary, this court determined that the question as to the validity of the exercise of the power of appointment should first be heard and at this time it is considering...

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