MATTER OF CARNEY


73 Misc.2d 579 (1973)

In the Matter of The Estate of Helen T. Carney, Deceased.

Surrogate's Court, New York County.

March 12, 1973


Attorney(s) appearing for the Case

Penn & Burns for Andrew M. Lawler, Jr., as executor, petitioner.


MILLARD L. MIDONICK, S.

The will of this testatrix directs that designated shares of corporate stock "be held in trust", that during the lifetime of a sister of the testatrix such sister "receive the income", and that upon her death the principal of the stocks revert to the residuary estate. The will nominates the executor, who is not the beneficiary, as "trustee of said trust." By reason of the fact that the same sister is the residuary legatee under...

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