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MATTER OF ADLER

33 Misc.2d 684 (1962)

In the Matter of The Estate of Harry Adler, Deceased.

Surrogate's Court, New York County.

March 15, 1962

Attorney(s) appearing for the Case

White & Case (Raymond E. Gallagher, Jr., of counsel), for Bankers Trust Company, as trustee, petitioner. Bernays & Eisner (Harold D. Klipstein of counsel), for Herbert Emmerich and another, as administrators c.t.a. of Estate of Bertha J. Adler, deceased, respondents. Melvin Katz, as special guardian for Richard Adler and others, infants, respondents. Braun & Braun for Charles Boas, respondent. Brichdahl, Lempel, Galland & Kaftal for David Adler, respondent. Louis J. Lefkowitz, Attorney-General (Tony Berman of counsel), for ultimate charitable beneficiaries, respondent.

JOSEPH A. COX, S.

In this proceeding to settle the final account of the trustee, instructions are requested as to distribution of the remainder of the trust created by article Fourth of the will. The testator bequeathed one half of his residuary estate to his widow and, by article Fourth, provided as follows: "The remaining balance of my residuary estate I give, devise and bequeath to my Trustee hereinafter...

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