MATTER OF FIRTH


83 Misc.2d 493 (1975)

In the Matter of The Estate of Edna G. Firth, Deceased.

Surrogate's Court, Schenectady County.

September 16, 1975


Attorney(s) appearing for the Case

Higgins, Roberts, Beyerl & Coan (Edward J. Jackson of counsel), for Schenectady Trust Company, as executor. James J. Griner, guardian ad litem for Robert Firth, an infant.


GEORGE E. SEVERSON, S.

In this proceeding to judicially settle its final account, the executor requests permission to distribute the residuary share of a former infant, presently 18 years of age, directly to him despite the following language of the will: "Should all or any part of the income or principal of my estate or any of the trusts created by my Will become payable pursuant to the provisions of my Will to a person who, at the time for payment is...

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