MATTER OF MORTEN


196 Misc. 398 (1949)

In the Matter of the Accounting of Marjorie Morten et al., as Trustees under The Will of Alexander Morten, Deceased.

Surrogate's Court, New York County.

July 26, 1949.


Attorney(s) appearing for the Case

Frank W. Chambers for trustees, petitioners.

Forbes J. Holland for Dominican Sisters of the Sick Poor, respondent.

James E. Duross for National Plant, Flower and Fruit Guild, respondent.

Frederick W. McGowan for National Surety Corporation, respondent.


FRANKENTHALER, S.

Testamentary trustees seek a determination of the proper recipient of certain income. The testator provided for a trust of his residuary estate, with a direction to pay "the entire net income thereof" to his wife during her lifetime or until remarriage. If the income should prove to be insufficient "to enable her to live in such manner as she has been accustomed to at the time of my death,"...

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