MATTER OF WAGNER


20 Misc.2d 422 (1959)

In the Matter of the Construction of the Will of Charles S. Wagner, Deceased.

Surrogate's Court, New York County.

November 19, 1959.


Attorney(s) appearing for the Case

Ottenberg, Rudy & Levy (J. George Levy of counsel), for Grace M. Goodrich and another, as administrators of estate of Alma M. Wagner, deceased, petitioners.

Henry H. Salzberg and Milton A. Horowitz for respondent.


S. SAMUEL DI FALCO, S.

This is an application for construction of the will instituted on the petition of the administrators of the estate of the decedent's widow. In article VII (b) of his will the testator left the following instructions concerning the payments to be made to his wife under the trust he had established for her benefit. He there said: "In the event the income to which my wife is entitled under this trust shall be less than $8,000 in any...

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