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MATTER OF SABIN

28 Misc.2d 941 (1961)

In the Matter of the Intermediate Accounting of Morgan Guaranty Trust Company of New York, as Trustee of the Trust for Charles H. Sabin, Jr., under the Will of Charles H. Sabin, Deceased.

Surrogate's Court, Suffolk County.

June 26, 1961

Attorney(s) appearing for the Case

Davis Polk Wardwell Sunderland & Kiendl, for petitioner. Reynolds, Richards, Ely & La Venture for respondent. Wainwright & Matthews for Charles T. Matthews, as special guardian.

PIERSON R. HILDRETH, S.

In this intermediate accounting proceeding, petitioner, as trustee, seeks a construction of clause "Tenth" of testator's will which provides:

"Tenth: I give and bequeath to my Trustee hereinafter named, in trust, cash or interest or dividend-paying securities sufficient to produce an annual income of two thousand dollars ($2,000.) and I direct my Trustee to pay said annual income...

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