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MATTER OF FORHAN

277 A.D. 293 (1950)

In the Matter of Julia A. Forhan, Respondent. Richard J. Forhan, as Trustee, et al., Appellants; Marie K. Pedrick et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 7, 1950.

Attorney(s) appearing for the Case

Alexander Pfeiffer and Clarence S. Barasch for Richard J. Forhan, as trustee, appellant.

John J. Dillon, as guardian ad litem, for Thomas Forhan and others, infants, appellants.

Monroe Steinhacker for Ursula F. d'Urbania, Stella F. Cahill, Richard J. Forhan and Edwin T. Forhan, appellants.

John Lane and Lindley J. Murray for Julia A. Forhan, respondent.

Frederick H. Berges, Jr., for Marie K. Pedrick and others, respondents.

CARSWELL, SNEED and MacCRATE, JJ., concur with WENZEL, J.; NOLAN, P. J., concurs in result, with memorandum.

WENZEL, J.

The proceeding under consideration was brought by a beneficiary of an express trust to direct the trustee to pay net income to her.

The deed of trust was made by the trustee himself, the appellant Richard J. Forhan, on December 15, 1922, for the benefit of the petitioner, his wife, with contingent remainders to others, and the settlor designated himself as the sole trustee. By the terms of the...

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