February 22, 1933. White Case [ Thomas Kiernan of counsel], for the plaintiff. Edward M. Bratter [ Ernst, Gale, Bernays Falk, by Edwin A. Falk of counsel], for the defendants Pamela Moy, Leonora Speyer and Vivien Goldschmidt. Stanley L. Richter, guardian ad litem, and Robert S. Johnstone, his attorney, for the defendant Gabrielle Goldschmidt, an infant. Guggenheimer Untermyer [ Arthur A. Taylor, Jr., of counsel], for the defendants Leonora Speyer, J. Robert Hewitt and Alvin Untermyer, as executors
March (Received April, 1923). Mark G. Holstein, for executors. Malcolm R. Lawrence ( Herbert R. Kaus, of counsel), for Evelyn S. Donchian. Ingram, Taylor Schenck ( Warren A. Schenck, of counsel), for respondents. Milton B. Ignatius, for respondents. Noble, Morgan Scammell ( William Osgood Morgan, James H. Kirkpatrick, of counsel), for American Board of Commissioners for Foreign Missions. Hartwell Cabell ( Milton B. Ignatius, of counsel), special guardian. FOLEY, S. John B. Donchian died on September
July, 1923. Beekman, Menken Griscom ( William L. Bainton, of counsel), for temporary administrator and executor. House, Grossman Vorhaus ( Louis J. Vorhaus, of counsel), for James J. King, general guardian. Charles Siegel Levy, special guardian for James King, Philip King and Edward King, infants. FOLEY, S. In this accounting proceeding a construction of the will is requested. The paragraph over which the contention arises is as follows: " Second. All the rest, residue and remainder of my estate
December 13, 1918. William M. Wherry, Jr., of counsel [ Wherry Mygatt, attorneys], for the appellants Harriet Louise Curtis and others. William G. Barr of counsel [ Miller, King, Lane Trafford, attorneys], for the appellant Central Union Trust Company of New York, as trustee. Thomas D. Rambaut, for the respondent Harriet Augusta Curtis, as surviving trustee. Margaret Douglas of counsel [ J. Frank McDavitt, attorney], for the respondent Harriet Louisa Curtis. Robert L. Morrell, assigned by the court
July 11, 1918. Frederic E. Mygatt, for the appellants. Thomas D. Rambaut, for the respondent Harriet Augusta Curtis. J. Frank McDavitt and Robert L. Morrell, for the respondent Harriet Louisa Curtis. SHEARN, J.: The action was brought to settle the accounts of the trustees of a trust created by the 5th paragraph of the will of Sylvester J. Curtis, deceased, and for a construction of the will in respect to the trust provision. It was referred to a referee to hear and determine, and the accounts were
November 6, 1914. J. Addison Young, for the appellant William N. Bavier, as trustee, etc. Bowers Sands, for the appellant Nathaniel A. McBride, as trustee, etc. August C. Nanz, for the appellant Robert N. Bavier. Daniel J. Mooney, special guardian for Mary Burns, for the respondent. CLARKE, J.: The testatrix, Mary A.S. Burns, died leaving a last will and testament and codicil thereto, which were duly admitted to probate and letters testamentary issued thereon October 21 1905. By the 9th clause of