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MATTER OF MANDEL

46 Misc.2d 850 (1965)

In the Matter of The Estate of Adolf Mandel, Deceased.

Surrogate's Court, Westchester County.

June 28, 1965

Attorney(s) appearing for the Case

Berlin, Berlin & Albert for petitioners. Henry A. Spelman for Ray Mandel, individually. Milton J. Levitt, as special guardian for infants.

HARRY G. HERMAN, S.

The decedent's widow and a daughter, who are the coexecutrices and the cotrustees, ask the court to construe the decedent's will to permit them to invade the corpus of the "marital deduction" trust to the extent of "the whole or any portion of same". Subdivision "(d)" of article "SECOND" of the will empowers the executrices and trustees "To pay, or apply, such amount or amounts of the principal...

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