HUTCHINSON v. EMERSON


26 A.D.2d 580 (1966)

Alvan S. Hutchinson et al., as Beneficiaries of the Trust Created by The Will of Sally S. Hutchinson, Deceased, Individually and for the Benefit of All Others Similarly Situated, Appellants, v. Lena H. Emerson, Individually, and as Executrix of Sally Hutchinson, Deceased, et al., Defendants, and Mary De Rosa, Respondent

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

June 27, 1966


Order and judgment affirmed insofar as appealed from, with one bill of $10 costs and disbursements.

The property in question was part of a testamentary residuary estate, one half of which was devised outright to defendant Lena Hutchinson Emerson and the remaining one half of which forms the corpus of the trust in which plaintiffs are beneficially interested and of which defendant Emerson is the sole remaining trustee. Respondent De Rosa is the grantee under...

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