MATTER OF LYNCH


129 Misc.2d 679 (1985)

In the Matter of The Estate of Edmund C. Lynch, Deceased.

Surrogate's Court, New York County.

September 9, 1985


Attorney(s) appearing for the Case

Chadbourne, Parke, Whiteside & Wolff for Bankers Trust Company, petitioner. Wormser, Kiely, Alessandroni, Hude & McCann (Charles Heming of counsel), guardian ad litem, for Nina K. Merrill.


RENEE R. ROTH, S.

The right of the trustee of this pre-1956 trust to receive paying-out commissions has been raised by the guardian ad litem (SCPA 2308 [1]).

Testator Edmund Lynch died in 1938. Under article THIRD of his will, he created a trust for the life income benefit of his wife. Upon the wife's death, the principal of her trust was to be used to fund subtrusts for his children then living, with principal to be paid to the children as they...

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