MATTER OF HENDERSON


64 Misc.2d 280 (1970)

In the Matter of The Estate of Andrew Henderson, Deceased.

Surrogate's Court, Kings County.

September 24, 1970


Attorney(s) appearing for the Case

Debevoise, Plimpton, Lyons & Gates for petitioner. Irwin N. Wilpon, guardian ad litem. Kenneth Horowitz, guardian ad litem. Thomas F. McCarthy for Elizabeth A. McShane, a granddaughter and contingent remainderman. Louis J. Lefkowitz, Attorney-General, for charities.


NATHAN R. SOBEL, S.

The question is whether adopted children are included among "descendants" of a sister of testator, Andrew Henderson, who died in 1914. Testator had created a trust for three of his sisters as primary beneficiaries. The concern here is with only one of such sisters, Jennie Neumann. During her lifetime she was to receive one third of the income from the trust. If she died while the trust continued...

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