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MATTER OF BLOOMBERG

6 A.D.2d 132 (1958)

In the Matter of the Accounting of National Commercial Bank and Trust Company of Albany, as Trustee under The Will of Morris Bloomberg, Deceased. Lawrence Bloomberg, Appellant; Bernice B. Cole, as Executrix of Morris Bloomberg, Deceased, Respondent

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

July 3, 1958.

Attorney(s) appearing for the Case

Morton M. Z. Lynn for appellant.

Francis H. Trombly for respondent.

BERGAN, J. P., GIBSON and HERLIHY, JJ., concur.

REYNOLDS, J.

This is an appeal from a decree of the Surrogate of Albany County settling the final account of the bank as trustee under paragraph "Second" of the will of Morris Bloomberg, who died January 12, 1926. The appeal attacks that part of the decree construing paragraph "Third" of the same will. The pertinent portions of this will read as follows:

"Second. I give, devise and bequeath all the rest...

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