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MATTER OF GRUBEL

37 Misc.2d 910 (1962)

In the Matter of The Estate of Henry Grubel, Deceased.

Surrogate's Court, Nassau County.

December 12, 1962

Attorney(s) appearing for the Case

Paul Arnold for petitioners. Harry Green, as special guardian for Robert Abrams and another, infants.

JOHN D. BENNETT, S.

In this proceeding one of the trustees requests a construction of paragraph Sixth dealing with the power to invade the principal for the benefit of his cotrustee, who is the income beneficiary and testator's widow.

Paragraph Sixth of the will reads in part as follows:

"All the rest, residue and remainder of my estate, and so much of the parts hereinabove devised that may have lapsed because of the failure of heirs...

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