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MATTER OF UTARD

208 Misc. 404 (1955)

In the Matter of the Construction of The Will of Emile Utard, Deceased.

Surrogate's Court, New York County.

May 31, 1955.

Attorney(s) appearing for the Case

Shearman & Sterling & Wright for National City Bank of New York, as trustee under the will of Emile Utard, deceased, petitioner.

Charles R. Barrett and Edward G. Bathon for Frank Utard and others, respondents.

Emmet McNamara, special guardian for Dominique Hautz and others, infants, respondents.

Burton Ryan, special guardian for Madeleine Utard, an incompetent, respondent.

COLLINS, S.

This is a proceeding by the trustee for construction of the will. The deceased divided his residuary estate into two half-shares. The first of these was left in trust for his wife for life with remainder over in the manner later indicated. The second was divided into six shares, two of which were to be held in trust for the life of a daughter for her benefit, the remaining four in trust for the benefit...

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