MATTER OF SIMCHOWITZ


37 Misc.2d 749 (1962)

In the Matter of The Estate of Max Simchowitz, Deceased.

Surrogate's Court, Kings County.

November 14, 1962


Attorney(s) appearing for the Case

Nathan R. Morgenstern for executors. Marvin Weiss, as special guardian. Louis J. Lefkowitz, Attorney-General (Kenneth D. Shearer of counsel), for charitable beneficiaries.


MAXIMILIAN MOSS, S.

In this proceeding to settle the executors' account, a construction is sought of article "Seventh (a)" of the will to determine whether the direction in respect of annual payments to be made to five charities is mandatory or precatory. Fixation of the attorney's fee pursuant to section 285 of the Surrogate's Court Act is also asked.

Under article "Seventh" of the will the residuary estate is divided into two equal parts. One...

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