MATTER OF DOUGHTY


24 Misc.2d 625 (1959)

In the Matter of The Estate of Francis E. Doughty, Deceased.

Surrogate's Court, New York County.

October 19, 1959.


Attorney(s) appearing for the Case

Emmet, Marvin & Martin for Bank of New York, as trustee, petitioner. Lord Day & Lord (J. Kellum Smith and Allen Evarts Foster of counsel), for Melville B. Gurley, respondent. Whitman Ransom & Coulson for J. Kilbourne Hyde, as executor of Frances Lund, deceased, respondent. Wikler, Gottlieb & Wikler for Mary Simon, respondent. Leigh K. Lydecker for Benjamin V. Mumford and another, as administrators c.t.a. of the estate of Benjamin C. Mumford, deceased, respondents. Matheson & Ehrenclou (Alfred M. Ehrenclou of counsel), for Anne L. Gurley, as executrix of William S. Gurley, deceased, respondent. H. A. & C. E. Heydt (M. Holt Meyer of counsel), for Charles E. Gurley, respondent. Montgomery & Marcus (James M. Montgomery of counsel), for Richard H. Gurley, respondent. McKercher & Link for New York Medical College, Flower and Fifth Avenue Hospitals, respondent. Thomas C. O'Sullivan for Arthur Braun and others, assignees of Charles E. Gurley, respondents. Herman Postel, as special guardian for Harvey W. Mumford, an alleged incompetent, and for unknown executors, heirs, etc. of Mary Starr, respondent. Frances K. Marlatt for Frances Korhamner and others, respondents. Webster, Sheffield & Chrystie for Elizabeth C. McCann, respondent. Cole, Grimes, Friedman & Deitz for Meadow Brook National Bank of Nassau County, respondent. Louis J. Lefkowitz, Attorney-General (Tony Berman of counsel), for ultimate charitable beneficiaries, respondent.


S. SAMUEL DI FALCO, S.

In this proceeding to settle its account the trustee has presented a complex problem of construction which affects all of the final dispositive provisions of the testator's will.

The testator died in 1906 and left a will pursuant to which the bulk of his estate was left in trust for the life of his daughter Frances D. Lund. Upon her death...

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