MATTER OF BARRETT


206 Misc. 363 (1954)

In the Matter of The Estate of John W. Barrett, Deceased.

Surrogate's Court, New York County.

June 16, 1954.


Attorney(s) appearing for the Case

Philip C. Scott and Leonard Joseph for Rutherford Trust Company appearing specially for motion.

Cooke, Brown & Page for Carleton S. Cooke appearing specially for motion.

Edwin W. Cooney and Pauline B. Taylor for City Bank Farmers Trust Company, petitioner, opposed.


COLLINS, S.

Testator John W. Barrett died in 1934, a resident of this county, and his will was admitted to probate in this court. Testator bequeathed two fifths of his residuary estate in trust for the benefit of his brother William Mitchell Barrett (hereinafter referred to as Mitchell) to whom testator granted a power to appoint the remainder. Mitchell died in January, 1938, a resident of New Jersey, where his...

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