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MATTER OF BERNANKE

20 Misc.2d 773 (1960)

In the Matter of The Estate of Morris Bernanke, Deceased.

Surrogate's Court, New York County.

January 4, 1960.

Attorney(s) appearing for the Case

Newman & Newman (Bernard Newman and Jack J. Elkin of counsel), for Max Bernanke and another, as executors, petitioners.

Boskey, Boskey & Cole (Meyer Boskey and Mortimer Cole of counsel), for Bernice W. Bernanke, respondent.

Milton W. Levy for William W. Bernanke, respondent.

John J. Sweeney, as special guardian for Harry R. Bernanke, an infant, respondent.

Milbank, Tweed, Hope & Hadley for Boys' Club of New York, respondent.

JOSEPH A. COX, S.

In this proceeding for the judicial settlement of the account of executors, the testator's widow objects to the failure of the accountants to set apart exempt property in compliance with section 200 of the Surrogate's Court Act. The will provides a trust of one half of the estate for the benefit of the widow and also bequeaths to her a legacy of $5,000 to be paid out of the principal of her trust. A portion of the will reads as follows...

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