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MTR. OF WILHELM

60 A.D.2d 32 (1977)

In the Matter of the Accounting of John A. Read, as Surviving Trustee of the Trusts Created under The Will of Alice E. Wilhelm, Deceased. Carl Wilhelm et al., Appellants; John A. Read et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 9, 1977

Attorney(s) appearing for the Case

Kavinoky, Cook, Hepp, Sandler, Gardner & Wisbaum (Allan R. Lipman of counsel), for Carl Wilhelm, appellant.

Hodgson, Russ, Andrews, Woods & Goodyear (Stephen H. Kelly of counsel), for Alice Newton and others, appellants.

Phillips, Lytle, Hitchock, Blaine & Huber (David K. Floyd of counsel), for John A. Read, respondent.

Torrance Brooks, guardian ad litem for Michele Malone, an infant, respondent.

Frederick J. Gram, guardian ad litem for Amy Wilhelm and others, infants, respondents.

MOULE, J. P., CARDAMONE, HANCOCK, JR., and DENMAN, JJ., concur.

SIMONS, J.

Alice Wilhelm died testate in 1962 without lineal descendants. Her will provided that the assets of her estate would be distributed to 13 named beneficiaries; 9 nieces or nephews of her deceased husband, her brother (who predeceased her), her brother's daughter and 2 second cousins of testatrix. The estate was to be divided into equal shares and placed in separate trusts, known as "primary" trusts....

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