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MATTER OF MALERBA

9 Misc.2d 790 (1956)

In the Matter of The Estate of Mario Malerba, Deceased.

Surrogate's Court, New York County.

December 26, 1956.

Attorney(s) appearing for the Case

Maurice Baron, George L. Livingston and I. Alan Harris for Leigh A. Elkington, as executor, petitioner.

Donald J. Siskind and Lloyd I. Isler for Aldo Leproni and others, respondents.

Payne & Steingarten for Eric Pusinelli & Co., respondent.

Horace W. K. Borchardt for Kurt Malerba, respondent.

GEORGE FRANKENTHALER, S.

The sixth article of the testator's will, executed on May 27, 1950, bequeaths his residuary estate in equal shares to his two brothers. The seventh article of the will provides as follows: "SEVENTH: If after reasonable search by my Executor hereinafter named, the whereabouts or existence of my brother, FRANCESCO MALERBA, a World War II displaced person, cannot be determined or ascertained...

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