MATTER OF FINALY


20 Misc.2d 320 (1959)

In the Matter of The Estate of Horace M. Finaly, Deceased.

Surrogate's Court, New York County.

November 27, 1959.


Attorney(s) appearing for the Case

Proskauer, Rose, Goetz & Mendelsohn (Charles Looker, Philip J. Hirsch and Howard A. Shapiro of counsel), for John E. Meyer and another, as trustees, petitioners.

George Popkin, as special guardian for Anne Le Bret and others, infants, respondent.


S. SAMUEL DI FALCO, S.

In this proceeding for the settlement of their intermediate account the trustees have requested a construction of article Eighteenth of decedent's will. The pertinent portions of the article in question read as follows: "All the rest, residue and remainder of my estate * * * all of which is herein referred to as my residuary estate, I direct my executors and trustees to divide into three (3) equal parts and to dispose of or to hold...

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