MATTER OF PETTY


78 Misc.2d 494 (1974)

In the Matter of The Estate of Robert D. Petty, Deceased.

Surrogate's Court, New York County.

February 27, 1974


Attorney(s) appearing for the Case

Turk, Marsh, Kelly & Hoare for petitioner. Richard S. Petty for Mary P. Dunn, respondent. Seth Rubenstein, P. C., for Mary L. Burns, respondent.


SAMUEL DiFALCO, S.

In this accounting proceeding, the trustee requests a construction as to the disposition of one fifth of the principal of the residuary trust. The question is whether the adopted child of the testator's son comes within the description of "issue" of such child, entitling her to the share of the residuary trust which had been held for her father's life use, or whether such share passes to the...

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