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MATTER OF LIBBY

206 Misc. 723 (1954)

In the Matter of the Accounting of National City Bank of New York, as Trustee, and City Bank Farmers Trust Company, as Successor Trustee, under the Deed of Trust Made by Frank W. Libby, Deceased.

Supreme Court, Special Term, New York County.

November 8, 1954.

Attorney(s) appearing for the Case

Harry Allen Leigh and Donald R. Lawrence for trustee and successor trustee, petitioners.

John F. White, Jr., guardian ad litem for Anne D. Munzer and another, infants, respondents.

GELLER, J.

This accounting proceeding presents for determination the disputed construction of the dispositive provision of the deed of trust executed in the year 1929, which reads as follows: "Upon the death of my said daughter or upon the death of my said wife if my said daughter shall not survive her, to pay over the remaining principal to the descendants then living...

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