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MATTER OF GOETZINGER

12 Misc.2d 197 (1958)

In the Matter of The Estate of Martin E. Goetzinger, Deceased.

Surrogate's Court, New York County.

May 28, 1958.

Attorney(s) appearing for the Case

Cullen & Dykman for Manufacturers Trust Company, as executor, petitioner.

David Leventritt for William M. Goetzinger and others, respondents.

Louis J. Lefkowitz, Attorney-General (Julius Greenfield of counsel), for indefinite and uncertain charities, respondent.

Lazarus Joseph, as special guardian for Henry Goetzinger and others, respondents.

Albert Felix, as special guardian for Diana K. Lane and others, infants, respondent.

JOSEPH A. COX, S.

The petition in this proceeding for settlement of the account of the executor requests a construction of the testator's will to determine whether the references therein to nephews of the testator were intended by him to include his blood nephews only or are to be interpreted as including a deceased stepson of one of the testator's brothers. If the latter construction is given the will, the...

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