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MATTER OF BARNUM

53 Misc.2d 413 (1967)

In the Matter of The Estate of William A. Barnum, Deceased.

Surrogate's Court, Kings County.

April 10, 1967

Attorney(s) appearing for the Case

Finch & Schaefler (Richard H. Pershan of counsel), for Bankers Trust Co., successor trustee, petitioner. Hall, Patterson, McNicol & Marett (Charles J. Egan, Jr., of counsel), for Francis P. Howell, only surviving child of life beneficiary (testator's daughter Ethel), remainderman. Burke & Burke (Alexander R. Hamilton of counsel), for two adult children and for guardian of three minor children of De Witt C. Howell, predeceased son of life beneficiary, possible remainderman. Max M. Turshen, special guardian for said three children. Nixon, Mudge, Rose, Guthrie & Alexander for coexecutor of life beneficiary.

EDWARD S. SILVER, J.

In this successor trustee's final accounting proceeding, petitioner requests construction of testator's will in order to determine who is entitled to receive the trust principal. The matter involves testator's intention as to the meaning of the words "child or children her surviving", referring to his daughter and life income beneficiary of the testamentary trust created as follows:

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