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MATTER OF LEONARD

285 A.D. 530 (1955)

In the Matter of the Accounting of James S. Truman, as Sole Surviving Substituted Trustee under The Will of Laura A. Leonard, Deceased, Respondent. Hermon L. Underhill, Jr., as Executor of Esther H. L. Winter, Deceased, Appellant In the Matter of the Accounting of James S. Truman, as Sole Surviving Substituted Trustee under The Will of Emily C. Leonard, Deceased, Respondent. Hermon L. Underhill, Jr., as Executor of Esther H. L. Winter, Deceased, Appellant

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

March 9, 1955.

Attorney(s) appearing for the Case

Neil G. Harrison for appellant.

Lewis B. Parmerton and James S. Truman, in person, for James S. Truman, as sole surviving substituted trustee, respondent.

FOSTER, P. J., COON, IMRIE and ZELLER, JJ., concur.

BERGAN, J.

The central legal personality in this attenuated controversy is Esther H. L. Winter, who died in 1953. The problems posed in the case must be viewed in the relation of her two sisters and her two sons. By their respective wills her sisters created testamentary life trusts for her benefit; both sons were equal remaindermen; and one of the sons was designated as trustee in each trust. The two wills were...

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