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MATTER OF KOPS

18 Misc.2d 1017 (1959)

In the Matter of the Construction of the Will of Daniel Kops, Deceased.

Surrogate's Court, New York County.

May 22, 1959.

Attorney(s) appearing for the Case

Maass, Davidson, Levy, Friedman & Weston (Monroe L. Friedman of counsel), for City Bank Farmers Trust Company, as trustee, petitioner.

Angulo, Cooney, Marsh & Ouchterloney (Earle J. Starkey and George B. Snell of counsel), for City Bank Farmers Trust Company, as executor of Waldemar Kops, deceased, respondent.

Greenbaum, Wolff & Ernst for Daniel W. Kops and another, respondents.

Nathan, Manheimer, Asche, Winer & Friedman (J. I. Friedman of counsel), for Ludwig Klauber, as executor of Helen V. Klauber, deceased, respondent.

S. SAMUEL DI FALCO, S.

In paragraph Tenth of his will the testator, who died in 1923, created a trust for the successive use of his sister and her husband for their respective lives and directed the addition of its remainder to his residuary estate the disposition of which was controlled by paragraph Sixteenth. That paragraph calls for the division of the residue into three parts, the first being left in trust...

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