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MATTER OF LIBERMAN

4 A.D.2d 512 (1957)

In the Matter of The Estate of Philip Liberman, Deceased. Bertha Liberman, Respondent; Norman J. Liberman et al., as Executors and Trustees of Philip Liberman, Deceased, et al., Appellants

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

October 29, 1957.

Attorney(s) appearing for the Case

Lionel S. Popkin of counsel (Abraham S. Guterman with him on the brief; Hess Mela Segall Popkin & Guterman, attorneys), for Norman J. Liberman and others, appellants.

John J. Cray, special guardian for Stuart Bruce and others, infants, appellant in person.

James N. Vaughan of counsel (Vaughan & Lyons, attorneys), for respondent.

PECK, P. J., BREITEL, BOTEIN and FRANK, JJ., concur.

RABIN, J.

This is an appeal from a decree of the Surrogate granting the application of the petitioner-respondent pursuant to section 18 of the Decedent Estate Law, to take an elective share of the estate as widow of the decedent. The will of the decedent created a trust of one third of the residuary estate from which said petitioner was to receive income during her lifetime. Under subdivision 1 of section 18 of...

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