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MATTER OF COLGAN

204 Misc. 109 (1953)

In the Matter of the Accounting of Bank of New York and Fifth Avenue Bank, as Trustee under The Will of John B. Colgan, Deceased.

Surrogate's Court, New York County.

February 13, 1953.

Attorney(s) appearing for the Case

George W. Martin and Joseph K. Savage for trustee, petitioner.

Joseph V. McKee for New York Foundling Hospital, respondent.

Francis R. Doherty for St. Agnes Hospital for Crippled Children, respondent.

George M. Clarke, Mary C. Durr and Lewis A. Clarke for First National Bank of Mount Vernon, as executor of Florence Dietrich, deceased, respondent.

Nathaniel L. Goldstein, Attorney-General (Kenneth D. Shearer of counsel), in his statutory capacity under section 12 of Personal Property Law and section 113 of Real Property Law, respondent.

COLLINS, S.

Decedent's will, admitted to probate in the year 1928, directed that, from the residuary estate, sufficient sums be set aside to pay a number of "annuities" and that as an "annuitant" died the assets previously set apart to produce the terminated "annuity" be held and invested by the testamentary trustee and the income derived therefrom be divided equally among four named charities, viz.: Home for...

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