MATTER OF LARUS


78 Misc.2d 122 (1974)

In the Matter of The Estate of Robert I. Larus, Deceased.

Surrogate's Court, New York County.

February 6, 1974


Attorney(s) appearing for the Case

Arnold Bennett Glenn for executor, and trustee in person. Shea, Gould, Climenko & Kramer for Augusta Selligman. Moss, Wels & Marcus for William Alanson White, Institute of Psychiatry, Psychoanalysis and Psychology. Louis J. Lefkowitz, Attorney-General (Gustave J. Soderberg, Jr., of counsel), for charitable remaindermen.


S. SAMUEL DI FALCO, S.

The fiduciary asks the court to construe articles FOURTH and SIXTH of decedent's will to the effect that decedent created two residuary trusts rather than a single residuary trust. Article FOURTH disposes of the entire residuary estate in trust during the lifetime of an aunt. The trustee is directed to hold the residuary estate "as a unitrust". Upon the death of the life beneficiary the principal balance of the trust is to be paid...

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