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KEMP v. PATERSON

6 N.Y.2d 40 (1959)

Edward C. M. Kemp et al., as Trustees under a Trust Made by Margaret K. Buchanan et al., Appellants, v. Margaret J. E. J. Paterson, Appellant; Margaret R. J. Paterson et al., Infants, by Milton Pollack, Their Guardian ad Litem, Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided May 21, 1959.

Attorney(s) appearing for the Case

George J. Schaefer for Edward C. M. Kemp and another, as trustees, and Edward C. M. Kemp, individually, appellants.

Donald Vail for Margaret J. E. J. Paterson, appellant.

Milton Pollack, in person, and Joseph A. Doran and Irving K. Rubin for Milton Pollack, guardian ad litem for Margaret R. J. Paterson and others, infants, respondents.

Chief Judge CONWAY and Judges DESMOND and BURKE concur with Judge FULD; Judge DYE dissents in an opinion in which Judges FROESSEL and VAN VOORHIS concur.

FULD, J.

In 1934, Margaret Buchanan executed a deed of trust, creating the trust now before us. Insofar as pertinent, it provided that, when the settlor's daughter, Margaret Jane, reached the age of 21 years, the settlor then being dead, the trustees were to pay over to such daughter "all of the net income annually during the rest of her life and so much of the principal sums of the trust from time to time as the...

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