MATTER OF CARSON


58 Misc.2d 819 (1968)

In the Matter of The Estate of Alida B. Carson, Deceased.

Surrogate's Court, Westchester County.

October 8, 1968


Attorney(s) appearing for the Case

Lester D. Cook for petitioner.


OTTO C. JAEGER, S.

In this proceeding the court is requested to construe paragraph "FIFTH" of the decedent's will, and to permit the petitioner to resign as trustee.

The will provides as follows: "FIFTH: All the rest, residue and remainder of my property, both real and personal, * * * I give, devise and bequeath to my trustee hereinafter named, IN TRUST, NEVERTHELESS, to invest and reinvest the same and to pay ONE-HALF of the net income therefrom...

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