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MATTER OF KLARSFELD

13 Misc.2d 353 (1958)

In the Matter of Jerome R. Klarsfeld, Deceased.

Surrogate's Court, New York County.

June 13, 1958.

Attorney(s) appearing for the Case

J. Tobias Goldberg for Vera R. Klarsfeld and another, as executors, petitioners.

S. Herman Klarsfeld for Nathan Klarsfeld, as resigned executor, respondent.

Stein & Schwartz for Sylvia K. Lieberthal, respondent.

Alfred F. Muscio, as special guardian for Lee H. Lieberthal and others, infants, respondent.

Mortimer M. Kassell for State Tax Commission, respondent.

S. SAMUEL DI FALCO, S.

In this consolidated accounting proceeding a question with respect to the construction of the will is presented for determination.

Paragraph "Eighth" disposes of the residuary estate by giving it in three shares and with respect to the question before us reads: "(b) One-third (1/3) to my Executors and/or Trustees hereinafter named, who qualify as such on the probate of this Will...

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