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MATTER OF PETERSON

28 Misc.2d 268 (1961)

In the Matter of the Final Accounting of Morgan Guaranty Trust Company of New York, as Successor Trustee under Trust Made by Henrietta J. Peterson for the Benefit of J. Whitney Peterson (Trust No. 2).

Supreme Court, Special Term, New York County.

January 10, 1961

Attorney(s) appearing for the Case

Cabell, Medinger, Forsyth & Decker for Morgan Guaranty Trust Co. of N. Y., petitioner. Saxe, Bacon & O'Shea (Roy M. Cohn, Thomas A. Bolan and Joel S. Stern of counsel), for Henrietta J. Peterson and others, respondents.

JOHN L. FLYNN, J.

In this proceeding the accounting successor trustee of two trusts accounted for in separate actions seeks construction and instruction as to the distribution of the remainder of the principal of each trust.

The facts are undisputed. In 1926 Henrietta J. Peterson, wife of Jonathan Peterson and mother of J. Whitney Peterson and Marion P. Heiser, created two trusts, each with a principal of $100,000 for the life benefit of her son...

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