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MATTER OF ELLIOTT

17 Misc.2d 361 (1959)

In the Matter of The Estate of Richard S. Elliott, Deceased.

Surrogate's Court, New York County.

February 18, 1959.

Attorney(s) appearing for the Case

Benjamin Greenfield for Charles H. Wald, as successor trustee, petitioner.

Daniel G. Connolly and David Keller for Irving R. Rosenthal, Public Administrator of Kings County, as administrator of the estate of Lillian Cary, deceased, respondent.

Kresel & Meyerson (Harold I. Meyerson of counsel), for Marjorie E. Carpenter and others, respondents.

S. SAMUEL DI FALCO, S.

During the lifetime of the income beneficiary of the trust here accounted for she permitted income to be advanced for the payment of principal charges for the reason that the sole asset of the trust was a parcel of real property and principal cash was nonexistent. The trust terminated upon the death of the beneficiary and her administrator is demanding repayment of these advances but the...

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