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MATTER OF BEDELL

196 Misc. 227 (1949)

In the Matter of the Accounting of Henry Bloch et al., as Trustees under The Will of Charles F. Bedell, Deceased.

Surrogate's Court, New York County.

August 22, 1949.

Attorney(s) appearing for the Case

Benjamin L. Blauvelt for trustees, petitioners.

Samuel Franklin for Alice C. Leissner, respondent.

Baker & Flaster for Clarence B. Pierce, respondent.

Nathaniel L. Goldstein, Attorney-General (P. Hodges Combier of counsel), on behalf of charities, respondent.

FRANKENTHALER, S.

The court is asked to construe testator's will to determine (1) whether the power to invade principal of the trust created thereunder may be exercised by a substitute trustee, (2) whether the private resources of the beneficiary must be considered in determining the extent of permissible invasion, and (3) whether a certain gift in remainder is vested or contingent.

After directing the...

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