MATTER OF TALMAN


126 Misc.2d 860 (1984)

In the Matter of the Trustees of The Estate and Property of the Diocesan Convention of New York, as Trustee of the Trust Created by Caroline Talman, as Grantor, Petitioner.

Surrogate's Court, New York County.

October 22, 1984


Attorney(s) appearing for the Case

Cole & Dietz for petitioner. Coudert Brothers for Church of Heavenly Rest and Chapel of the Beloved Disciple. Robert Abrams, Attorney-General, for ultimate charitable beneficiary.


RENEE R. ROTH, S.

In this proceeding for construction of its investment powers, the trustee requests the court to determine whether the investment directives contained in the trust instruments are permissive or mandatory. If the directives are determined to be mandatory, the trustee seeks permission to invest in securities yielding a higher income than those specified in the instrument in order to better accomplish the grantor's purpose.

The charitable...

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