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MATTER OF McCABE

197 Misc. 851 (1950)

In the Matter of the Accounting of Elmer Mohlmann, as Administrator of The Estate of Agnes McC. Mohlmann, Deceased Substituted Trustee under The Will of Francis McCabe, Deceased.

Surrogate's Court, New York County.

January 20, 1950.

Attorney(s) appearing for the Case

Munder, Weissman & Lockwood for administrator, petitioner.

Otho S. Bowling for Francis E. Mohlmann, as executor of Isabella McCabe, deceased, respondent.

James P. Hatch, in person, and for Jacob J. Talbolt, as substituted trustees under the will of Clara Hafner, deceased, as administrators of the estate of Edwin J. Hafner, deceased, and as executors of Rosana C. Hafner, deceased, respondents.

David L. Schrieber, special guardian for unknown persons, infants, and incompetents, respondents.

FRANKENTHALER, S.

The testator created a trust measured by the life of his daughter Rosana C. Hafner. She is now dead. In this accounting proceeding petitioner asks a construction of the will determining the persons entitled to receive the shares bequeathed "unto the children of [the testator's] daughter, Rosana." At the time of that daughter's death, no lineal descendants of her were living.

When the...

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