MATTER OF CANE


196 Misc. 158 (1949)

In the Matter of the Accounting of Title Guarantee & Trust Company, as Substituted Trustee under The Will of Solomon Cane, Deceased.

Surrogate's Court, New York County.

July 8, 1949.


Attorney(s) appearing for the Case

Harold Swain for substituted trustee, petitioner.

Bain & Hoopes for Manufacturers Trust Company, as executor of Abraham Cane, respondent.


FRANKENTHALER, S.

The will of deceased bequeaths a general legacy and a fractional share of the residuary estate to his brother. A codicil to the will, explicitly stating that its execution was occasioned by the brother's death, revokes the general legacy and directs that the amount of the legacy shall comprise a part of the residuary estate. In this accounting proceeding questions have been raised as to the...

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