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MATTER OF KILBOURNE

204 Misc. 518 (1953)

In the Matter of the Accounting of New York Trust Company, as Trustee under The Will of Cornelia L. Kilbourne, Deceased.

Surrogate's Court, New York County.

January 23, 1953.

Attorney(s) appearing for the Case

Humes, Smith & Andrews for trustee, petitioner.

Stewart W. Bowers and Joseph Carlino for Noah Darois, respondent.

James E. O'Kane for Elizabeth R. Kilbourne, respondent.

Lillian N. Kooperstein, special guardian for unknown persons who may be heirs of testatrix, respondent.

Harold E. Nagle, special guardian of unknown persons who may be heirs of deceased life tenant, other than her surviving spouse, respondent.

Nathaniel L. Goldstein, Attorney-General (Julius Greenfield of counsel), for unknown beneficiaries.

FRANKENTHALER, S.

The beneficiary of the residuary trust having died without issue, the accounting trustee requests a determination of those who would take as "heirs" of the life beneficiary in accordance with decedent's will. Testatrix created a trust of the residue of her estate, with the income payable to her son Alanson and her daughter Cornelia in equal shares for their respective lives, with power in each...

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