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MATTER OF THALL

18 N.Y.2d 186 (1966)

In the Matter of The Estate of Solomon Thall, Deceased. Albert A. Sarafan, as Surviving Trustee of The Estate of Solomon Thall, Deceased, Respondent-Appellant; Mary Landis, Individually and as Executrix of Emanuel Landis, Deceased, Appellant-Respondent; Barbara Landis et al., Respondents-Appellants, et al., Respondent.

Court of Appeals of the State of New York.

Decided July 7, 1966.

Attorney(s) appearing for the Case

Harold D. Klipstein, Bernard Fliegel and Robert A. Klipstein for Mary Landis, appellant-respondent.

Norman I. Klein and William F. Beeler for Alice Thall, respondent-appellant.

Donald Zimmerman for Barbara Landis, respondent-appellant.

Roderick B. Travis, special guardian for unknown heirs, respondent-appellant, pro se.

Bertram D. Sarafan and John M. Dailey for Albert A. Sarafan, respondent-appellant.

Harold Gellman for Elias Thall and others, respondents-appellants.

Chief Judge DESMOND and Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING concur.

FULD, J.

Solomon Thall died in September, 1943, survived by his wife, a sister and issue of a deceased brother. By a will executed in 1941, he left his residuary estate in trust for the life of his wife with the income to be shared by her and by the testator's sister Sophie Levitsky and Sophie's two sons, Emanuel Landis and Ben Ami Landis. Upon the death of the widow, the corpus of the trust, after payment of...

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