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MATTER OF SIMONS

16 Misc.2d 352 (1958)

In the Matter of The Estate of Martin Simons, Deceased.

Surrogate's Court, New York County.

December 19, 1958.

Attorney(s) appearing for the Case

Lewis, Rassner & Bermas (Robert A. Lewis and Daniel S. Cohan of counsel), for Norman Simons and another, as successor trustees, petitioners.

J. Leon Israel for Harry B. Denner, as executor of Marie Simons, deceased, respondent.

Robert J. McGinn for National Surety Corporation, respondent.

S. SAMUEL DI FALCO, S.

The first of the questions submitted for decision in this proceeding for the settlement of the intermediate account of the successor trustees involves the construction of the will's "Fourth" and "Seventh" paragraphs in which the testator provided as follows:

"FOURTH: I direct my executors hereinafter named to set apart a trust fund of $80,000 * * * the net income * * * to be paid...

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