MATTER OF NAUHEIM


29 Misc.2d 476 (1961)

In the Matter of The Estate of Carrie Nauheim, Deceased.

Surrogate's Court, New York County.

April 13, 1961


Attorney(s) appearing for the Case

Henry K. Heyman for S. Albert Nauheim and others, as trustees, petitioners. McGoldrick, Dannett, Horowitz & Golub for Melville Nauheim, respondent. Bernard Jacobson, as special guardian for Matthew Silverberg and others, infants, respondent.


JOSEPH A. COX, S.

In this proceeding to settle the intermediate account of trustees, the trustees are permitted to resign and the court will appoint the person designated as substituted trustee upon his duly qualifying.

The special guardian asks for a construction of the will with respect to paragraph Fifth thereof. This paragraph authorizes invasion of principal for the benefit of the income beneficiary in the absolute discretion of the trustees...

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