MATTER OF WHITEHOUSE


25 A.D.2d 929 (1966)

In the Matter of The Estate of Cathryn De B. Whitehouse, Deceased. Earl D. Whitehouse, as Executor of Cathryn De B. Whitehouse, Deceased, Respondent; Methodist Episcopal Church of Geneva, New York, Appellant

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

May 26, 1966


AULISI, J.

The NINTH paragraph of the will, dated April 24, 1935 which the Surrogate was requested to construe by the respondent executor reads as follows: "NINTH: I hereby give and bequeath to my trustee, hereinafter named all in trust, nevertheless, the remainder of my stocks, bonds and securities for the following purposes: (a) to pay all dividends and interest, or if converted into cash, then pay the interest received therefrom to my husband, Earl...

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