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MATTER OF LYONS

13 Misc.2d 287 (1958)

In the Matter of The Estate of Raphael Lyons, Deceased.

Surrogate's Court, New York County.

May 8, 1958.

Attorney(s) appearing for the Case

Louis X. Alter, as trustee, petitioner in person.

Charles L. Cusumano for Alice M. Lyons, respondent.

Peter Campbell Brown, Corporation Counsel (Philip Sokol of counsel), for Henry L. McCarthy, as Commissioner of Welfare of the City of New York, respondent.

S. SAMUEL DI FALCO, S.

After a hearing in this matter all objections to the intermediate account filed by the trustee were withdrawn except as to the following questions which were submitted to this court as matters of law:

(1) Has the accounting trustee properly exercised his discretion in the allocation of all stock dividends to principal pursuant to paragraph Fifteenth of the decedent's will?

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