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MATTER OF CHARLES

200 Misc. 452 (1951)

In the Matter of the Construction of The Will of Emily Charles, Deceased.

Surrogate's Court, New York County.

January 19, 1951.

Attorney(s) appearing for the Case

Hatch, Root & Barrett for Bankers Trust Company, petitioner.

David L. Frothingham for Lillian M. Charles and another, as executors of Howard W. Charles, deceased, respondents.

Satterlee, Warfield & Stephens for Bank of New York & Fifth Avenue Bank and another, as executors of Emily L. Charles, deceased, respondents.

J. Fearon Brown, James H. Nichols and Richard C. Allison for Janet C. Reynolds and another, respondents.

Samuel Franklin, Daniel S. Levy and Bertram S. Bermar for Lillian E. Flather, respondent.

Raymond T. Armbruster, Christian H. Armbruster and Albert A. Jacobson for Ida M. Charles, individually and as surviving executrix of Emily C. Charles, deceased, and another, respondents.

Henry Allen Mark, special guardian for Edith Flather and others, infants, respondents.

FRANKENTHALER, S.

The provision in the will of the testatrix which grants to her daughter a testamentary power of appointment is here the subject of construction. By the terms of paragraph seventh thereof, the donee of the power was authorized to distribute the corpus of a trust created for her life benefit to and among her children or the issue of any deceased child, to her husband, and to her two brothers or...

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