Appellate Division of the Supreme Court of New York, 1956

In re the Estate of Folsom

In re the Estate of Folsom
Appellate Division of the Supreme Court of New York · Decided May 28, 1956
1 A.D.2d 1041; 152 N.Y.S.2d 871; 1956 N.Y. App. Div. LEXIS 5176
In re the Estate of Folsom

Opinion of the Court

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 *1042of 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.

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