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In re the Estate of Folsom

1 A.D.2d 1041 Court N.Y. App. Div. Decision date 1956-05-28 English

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p. 1041
In the Matter of the Estate of Charles S. Folsom, Deceased. Thomas D. Austin, Appellant; T. Francis Reidy et al., Respondents.

Appeal by one administrator with the will annexed from so much of a decree of the Surrogate’s Court, Westchester County, as appointed a coadministrator with the will annexed. Decree, insofar as appealed from, unanimously affirmed, with costs to all parties filing briefs, payable out of the estate. A life beneficiary

p. 1042
of a residuary trust is a “residuary beneficiary” within the meaning of subdivision 2 of section 133 of the Surrogate’s Court Act. The appointment of the coadministratrix with the will annexed was a proper exercise of discretion. Present — Nolan, P. J., Wenzel, Beldock, Ughetta and Hallman, JJ.