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MATTER OF HARTZBERG

21 Misc.2d 1059 (1959)

In the Matter of The Estate of Louis Hartzberg, Deceased.

Surrogate's Court, New York County.

November 10, 1959.

Attorney(s) appearing for the Case

Harry S. Wallenstein for Ruth H. Yager and another, as executors, petitioners.

Dewey, Ballantine, Bushby, Palmer & Wood for Ruth H. Yager, individually, respondent.

Paul, Weiss, Rifkind, Wharton & Garrison for Federation of Jewish Philanthropies of New York, respondent.

Edward Goodell for United Jewish Appeal of Greater New York, respondent.

Maxwell N. Rudaw, as special guardian for Barbara Berke and another, infants, respondent.

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

Kelley, Drye, Newhall & Maginnes for Society of the New York Hospital, respondent.

S. SAMUEL DI FALCO, S.

In this proceeding for settlement of their account, the executors have requested a determination of the validity of the widow's right of election. The decedent, by the terms of paragraph Fourth of his will, attempted to create a trust on behalf of his widow which would entitled his estate to receive a full marital deduction. In doing this, however, he stated that the amount of the trust...

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