MATTER OF KITTELBERGER


2 A.D.2d 805 (1956)

In the Matter of the Construction of The Will of Gothlieb Kittelberger, Deceased. Gladys Judd et al., Appellants; Central Trust Co., as Executor and Trustee under The Will of Gothlieb Kittelberger, Deceased, et al., Respondents, and Frank D. Bertch, Appellant-Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 13, 1956


Decree affirmed, with costs to all parties filing briefs payable out of the estate.

Memorandum:

Upon our review of this record we conclude that the decree appealed from correctly construes the will of the deceased and should be affirmed. We have not overlooked the argument presented at Point V of the brief of Bertch as appellant with reference to his cross appeal. While we conclude that the decretal provision that the executor is obliged to negotiate with...

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