MATTER OF ASHNER


24 A.D.2d 595 (1965)

In the Matter of The Estate of Sigmund Ashner, Deceased. Ernest L. Friend, Individually and as Trustee under The Will of Emil Friend, Deceased, et al., Appellants; Bank of New York et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 12, 1965


Decree modified on the law and the facts by striking out the portions appealed from except the portion which reserves for future proceedings the determination of the identity of the persons entitled to the remainder of the trust and the determination of the amounts or shares in which such remainder is distributable; and proceeding remitted to the Surrogate's Court for settlement and entry of a decree construing the testator's will and codicil in accordance with this decision...

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