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MATTER OF ROSENTHAL

37 Misc.2d 959 (1962)

In the Matter of The Estate of Julius Rosenthal, Deceased.

Surrogate's Court, New York County.

December 10, 1962

Attorney(s) appearing for the Case

Krause, Hirsch, Gross & Heilpern and Kahaner & Norman (Sydney Krause, Milton Norman and Max Berey of counsel), for Clarence Rainess and others, as executors, petitioners. Irving M. Luria, as special guardian for Michael Barna and others, infants, respondent.

S. SAMUEL DI FALCO, S.

This is a proceeding to construe the will, principally as to paragraph Fourteenth which provides:

"FOURTEENTH: I authorize and empower my Executors and Trustees to retain any investment which may be part of my estate in the same form in which it shall be received, whether or not the same be legal for trust funds under the laws of the State of New York. With respect to new investments...

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