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MATTER OF CITY BANK FARMERS TRUST CO.

284 A.D. 971 (1954)

In the Matter of the Accounting of City Bank Farmers Trust Company, as Trustee under The Will of George S. Nicholas, Deceased, Respondent. John Tucker et al., as Executors and Trustees under The Will of George S. Nicholas, Jr., et al., Appellants-Respondents; Virginia T. Nicholas et al., Respondents-Appellants

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

November 8, 1954.

The decree provides, on the authority of Matter of Kennedy (279 N.Y. 255), that the bequest of one half the property is trust is not a valid exercise of the power and that such property passes as provided in the donor's will in the event of default of exercise of the power. The beneficiary of the donee's will, and the fiduciaries thereunder, appeal from such portions of the decree. The decree further provides that the donee...

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