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MATTER OF CLARK

54 Misc.2d 1015 (1967)

In the Matter of The Estate of Frank E. Clark, Deceased.

Surrogate's Court, Kings County.

July 26, 1967

Attorney(s) appearing for the Case

Gross & Hope (Lester C. Lockwood and Richard J. O'Keeffe of counsel), for Clark C. Benson, petitioner. Cullen & Dykman for Manufacturers Hanover Trust Company, as trustee, respondent. Louis J. Lefkowitz, Attorney-General (Julius Greenfield of counsel), for State of New York. Herrick, Feinstein, Rossman & Mendelson (Paul Richard Karan and Samuel H. Rossman of counsel), for Gladys K. H. Guthrie, an annuitant, respondent. Daniel Eisenberg, special guardian for Maud Wiltbank, an annuitant. Wofsey, Rosen, Kweskin & Kuriansky for Connecticut Conservator of Maud Wiltbank, an incompetent annuitant.

EDWARD S. SILVER, J.

This proceeding was originally commenced by the son of Clara M. Benson, now deceased, who was testator's niece and one of his two distributees, for a construction that the charitable trust created under paragraph Tenth of testator's will is invalid. The special guardian for testator's half-sister, who was testator's other distributee, takes a similar position. Both distributees and four...

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