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MATTER OF EVANS

6 Misc.2d 19 (1957)

In the Matter of the Accounting of City Bank Farmers Trust Company, as Successor Trustee under the Will of Edith C. Evans, Deceased.

Surrogate's Court, New York County.

February 19, 1957.

Attorney(s) appearing for the Case

Williston Benedict for successor trustee, petitioner.

Healy, Holmes & Healy for Elizabeth C. M. Hoagland and others, respondents.

Mudge, Stern, Baldwin & Todd for New York Foundling Hospital, respondent.

Milbank, Tweed, Hope & Hadley for Hugh De Maubey and another, as executors of Lena C. Webb, deceased, respondents.

J. George Silberstein, special guardian for Joseph C. Hoagland, III, and others, infants, respondents.

JOSEPH A. COX, S.

The trust here accounted for was created by the article of decedent's will designated FIFTHLY and is comprised of the residuary estate. The income beneficiary, testatrix' sister upon whose life the trust was measured, has died and the court is asked to determine the disposition that now is required to be made of the trust remainder. The pertinent text of the will reads: "At her death, if she...

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