MATTER OF GARDNER


12 A.D.2d 477 (1960)

In the Matter of the Construction of The Will of Moses Gardner, Deceased. Richard Liebman, as Executor of Alice W. Liebman, Deceased, et al., Appellants-Respondents; Rose Hyman, as Successor Trustee, Respondent; Alan V. Kaufman et al., Respondents-Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

November 29, 1960


Decree unanimously affirmed, with costs to all parties filing briefs payable out of the estate.

The express provisions of the will of the decedent were that the trustee should collect the income from the trust fund and pay the same over "to and for the use, maintenance and support of my children Esther Weinstein, Edith Epstein and Herman Gardner * * * equally share and share alike, until the death of my granddaughters, Rosie Epstein and Miriam Gardner, and upon the...

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