MATTER OF LEDERER


4 A.D.2d 623 (1957)

In the Matter of the Construction of The Will of Julius C. Lederer, Deceased. Maurice B. Lederer, as General Guardian of James B. Lederer and another, et al., Appellants; Philip A. Donahue, as Clerk of The Surrogate's Court of New York County, Respondent

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

December 10, 1957.


Attorney(s) appearing for the Case

Nahum A. Bernstein (Allen B. Haskel with him on the brief; Silver & Bernstein, attorneys), for Maurice B. Lederer, appellant.

Meyer Kreeger, special guardian for Steven Eric Preiss and another, infants, appellant.

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


VALENTE, J.

The Surrogate has denied an application for a construction of a will as being premature. The will sets up a trust of decedent's stock in a certain corporation, the income to be paid to decedent's widow — his second wife — for her life. Upon the death of the widow, the principal is to be distributed in equal shares "among those of my grandchildren living at the time of her death".

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