MATTER OF KILMER


11 Misc.2d 157 (1958)

In the Matter of The Estate of Mary A. Kilmer, Deceased.

Surrogate's Court, New York County.

January 24, 1958.


Attorney(s) appearing for the Case

Gifford, Woody, Carter & Hays for Irving Trust Company, as trustee, petitioner.

Solomon Weiss, special guardian for Mary A. Cooper, an incompetent, respondent.


S. SAMUEL DI FALCO, S.

In this proceeding for the judicial settlement of an intermediate account a request has been made for the construction of paragraph SECOND C of the will of the testatrix which reads as follows: "I direct the sum of Fifteen Hundred ($1500) dollars to be spent annually on account and in behalf of my Niece, Mrs. MARY ADELAIDE TOMBO (wife of Rudolf Tombo, Jr.) who is now an inmate of St. Vincent's Retreat, Harrison, New York, during...

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