In re the Estate of Sheridan

S. Samuel Di Falco, S.

This application to reargue the prior decision of this court (N. Y. L. J., July 17, 1961, p. 6, col. 8) is granted and upon reargument that decision is withdrawn. In this proceeding the surviving successor trustee requests a construction of decedent’s will in respect of the apportionment of the proceeds of sale of alleged unproductive shares of stock. The testator died on July 16, 1931, and his will, dated February 28, 1930, was admitted to probate. The testator created a trust of his residuary estate for the benefit of his only son. One third of the corpus was directed…