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MATTER OF HERZ

7 Misc.2d 217 (1957)

In the Matter of the Accounting of Irving G. Herz, as Executor of Isidor Herz, Deceased.

Surrogate's Court, Nassau County.

June 11, 1957.

Attorney(s) appearing for the Case

Albertson, Sheldon & Simmons for petitioner.

Wolf, Popper, Ross, Wolf & Jones for Hungarian heirs.

JOHN D. BENNETT, J.

In this intermediate accounting the petitioner seeks incidental relief which will be disposed of seriatim.

(1) There is no specific provision in article V or in any other portion of the will requiring that a reserve for depreciation be set up. In the absence of such a provision it has been uniformerly held in New York that the cestui que trust is entitled to the full income...

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