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MATTER OF GEHRIG

278 A.D. 702 (1951)

In the Matter of the Accounting of James N. Gehrig, as Surviving Executor and Trustee under The Will of Valentine Ackley, Deceased. Henry E. Ackley, Individually and as Executor of The Will of Sarah K. Ackley, Deceased, Appellant; Elaine A. McNally et al., Respondents

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

March 12, 1951.

The matter is remitted to the Surrogate's Court for the making of another decree distributing the assets of the estate in accordance with the foregoing determination. The direction in the will that upon the death of the life beneficiary the principal of the trust be paid in equal shares to the children and the issue of any deceased child, served to vest in each of the two children of the testator a vested share of the remainder upon...

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