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  5. 39 N.Y.2d 663 (1976)
 

MATTER OF GILBERT

39 N.Y.2d 663 (1976)

In the Matter of the Construction of a Trust between Abbey E. Gilbert, as Grantor, and Chase Manhattan Bank, N.A., as Successor Trustee. Susan Landis et al., Respondents; Elizabeth M. G. Gilbert, Appellant.

Court of Appeals of the State of New York.

Decided June 10, 1976.

Attorney(s) appearing for the Case

Vincent J. Malone and Dean G. Braslow for appellant.

Joseph Feinstein and Herbert J. A. Runsdorf for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE concur.

FUCHSBERG, J.

On December 28, 1961, Abbey E. Gilbert, as grantor, created an irrevocable trust of personal property consisting of named securities. He did so by executing an instrument denominated simply as a "Trust Indenture". It provided that Elizabeth M. Guenther, to whom it recited the grantor had been married in Mexico in 1957, was to receive its net income quarterly during her lifetime but, if she died...

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