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MATTER OF KAPLAN

14 Misc.2d 1065 (1958)

In the Matter of the Final Accounting of Mary K. Schiller, as Executrix of Fannie Kaplan, Deceased.

Surrogate's Court, Kings County.

October 30, 1958.

Attorney(s) appearing for the Case

Timon & Maze for petitioner.

Sidney Zimet for Rose Sloan, objectant.

Rose Kraus, as special guardian for incompetent son.

MAXIMILIAN MOSS, S.

As incidents of the executrix' final accounting, the court is required to construe the provisions of article "Fourth" of the will to determine if the trust corpus may be invaded for the cestui's benefit, and the manner of disposition of a fund received by the testatrix in satisfaction of her statutory exemption.

The husband of testatrix predeceased her. By his will he bequeathed...

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