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MATTER OF VAIL

200 Misc. 1032 (1951)

In the Matter of the Accounting of Bankers Trust Company, as Executor of Mabel S. Vail, Deceased.

Surrogate's Court, New York County.

August 22, 1951.

Attorney(s) appearing for the Case

E. Stuart Sprague for executor, petitioner.

Williamson Pell, Jr., for Trustees of Dartmouth College and another, respondents.

Davis, Polk, Wardwell, Sunderland & Kiendl for Arthur A. Marsters and others, as executors of Theodore N. Vail, deceased, respondents.

E. Seward Stevens for Theodore V. Marsters, respondent.

Debevoise, Plimpton & McLean for Phillips Exeter Academy, respondent.

Emmet, Marvin & Martin for President and Fellows of Harvard College, respondent.

McCanliss & Early for Katherine V. Marsters, respondent.

Alfred Norick, special guardian for Pamela C. Marsters and others, infants, respondents.

FRANKENTHALER, S.

Testatrix was married in the year 1907, in Massachusetts, the place of her then residence. Prior to her marriage, she and her intended husband entered into an antenuptial agreement in that Commownealth. The agreement provided that the intended husband deliver $150,000, or its equivalent in securities, to the testatrix and, upon her death, any part of the fund then remaining on hand and not...

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