MATTER OF GOLDENBERG


27 Misc.2d 425 (1961)

In the Matter of the Accounting of Clara Goldenberg and Another, as Executrices of Henry Goldenberg, Deceased.

Surrogate's Court, Kings County.

March 7, 1961


Attorney(s) appearing for the Case

Sweet, Reinitz, Peskin & Sweet for petitioners. Marvin Weiss, as special guardian.


MAXIMILIAN MOSS, S.

In this accounting by executors, a construction is sought of articles "Second" and "Third" of the second codicil to the testator's will to determine whether an "active" or "passive" trust was created thereunder.

By the said "Second" article, a fund was directed to be set aside by the executors to pay the income thereof to the testator's wife during her life. The "Third" article disposes...

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