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MATTER OF WEBER

22 Misc.2d 290 (1959)

In the Matter of The Estate of Sybilla M. Weber, Deceased.

Surrogate's Court, New York County.

December 3, 1959.

Attorney(s) appearing for the Case

Proskauer, Rose, Goetz & Mandelsohn (Phillip W. Haberman, Jr., and Philip J. Hirsch of counsel), for Alfred L. Rose, as trustee, petitioner.

McKenzie, Hyde, Willson, French & Poor (Frederic H. Poor of counsel), for Boston Safe Deposit & Trust Company, respondent.

Curtis, Mallet-Prevost, Colt & Mosle for Lenox Hill Hospital, respondent.

Louis J. Lefkowitz, Attorney-General (Tony Berman of counsel), for indefinite charitable beneficiaries, respondent.

Robert J. McGinn for National Surety Corporation, respondent.

JOSEPH A. COX, S.

In this proceeding to settle his account as trustee under article V of the decedent's will, a construction has been requested as to the meaning and effect of article VI of the said will and instructions as to the propriety of making distribution thereunder. The text of article VI reads as follows: "VI. The rest, residue and remainder of my estate I give, devise and bequeath to the Boston Safe...

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