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MATTER OF GUNZBURGER

35 Misc.2d 82 (1962)

In the Matter of The Estate of Norbert Gunzburger, Deceased.

Surrogate's Court, New York County.

May 9, 1962

Attorney(s) appearing for the Case

Buchter, Rathheim, Abrams & Hoffman for Herbert Winter, as trustee, petitioner. Saperston, McNaughton & Saperston for Tony Gunzburger and another, as executors of Heinrich Gunzburger, deceased, respondents. Lawrence Berenson, respondent in person, and for Emil Despres and another, as executors of Delia R. Gunzburger, deceased, respondents. Joseph Salleck, as special guardian for Judith H. Weil and others, infants, respondent. Louis J. Lefkowitz, Attorney-General (Margaret D. Hazel of counsel), for Gowanda State Hospital, respondent.

S. SAMUEL DI FALCO, S.

The decedent died July 5, 1916, leaving a last will and testament which was duly admitted to probate in this court. In clause Fifteenth of his will the testator created a trust of his residuary estate for the benefit of his wife. Upon the death of his wife the residuary estate was to be divided into seven parts. As to one part subdivision (f) of clause Fifteenth provides as follows: "One...

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