MATTER OF EPSTEIN


14 Misc.2d 946 (1958)

In the Matter of The Estate of Gertrude B. Epstein, Deceased.

Surrogate's Court, New York County.

August 15, 1958.


Attorney(s) appearing for the Case

Gustave B. Garfield for Alfred Yankauer, Jr., as executor of Alfred Yankauer, deceased and another, as executors, petitioners.

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

Morton Pepper for New York Guild for the Jewish Blind, respondent.

Harold D. Romanow, as special guardian for Robert Voss, infant, respondent.

Moses L. Kove, as special guardian for unknown distributees and persons whose whereabouts are unknown, respondent.


S. SAMUEL DI FALCO, S.

In this proceeding for the settlement of the account, construction of the will is required in order to determine the disposition that must now be made of a residuary gift which has lapsed by reason of the death of the legatee prior to that of the testatrix.

The text of article Fifth and article Sixth of the will which gives rise to the question at issue here follows:

...

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