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MATTER OF BYRD

62 Misc.2d 232 (1970)

In the Matter of The Estate of Harrison T. Byrd, Deceased.

Surrogate's Court, Steuben County.

February 24, 1970

Attorney(s) appearing for the Case

Robert E. Cole for Manufacturers and Traders Trust Company. Williams, Williams, Volgenau & Tisdall for Methodist Home for Children.

ROBERT J. McDOWELL, S.

This proceeding was instituted by the trustee, Manufacturers and Traders Trust Company, duly appointed by this court on March 10, 1941 to obtain a determination as to the validity, construction or effect of the trust created in paragraph "FIFTH" of the will of the testator, which reads as follows: "Upon the marriage or death of the aforesaid Bertha A. Betty, and or that of Minnie Betty...

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