MATTER OF GRAD


51 Misc.2d 289 (1966)

In the Matter of The Estate of Bertha B. Grad, Deceased.

Surrogate's Court, Nassau County.

August 23, 1966


Attorney(s) appearing for the Case

Lewis Herman for petitioner. Maxwell & Diamond and Charles Howard Levitt for Home and Hospital of the Daughters of Israel, Inc., respondent. Milbank, Tweed, Hadley & McCloy for Chase Manhattan Bank National Association, respondent. Louis J. Lefkowitz, Attorney-General (Sarel M. Kandell of counsel), for ultimate charitable beneficiaries.


JOHN D. BENNETT, S.

The petitioner has requested the court to construe article "Third", paragraph "B", subparagraph "15", of the deceased's will, together with the third codicil to said will to the effect that petitioner as sole income beneficiary of the trust established by subparagraph 15 has a right to elect to take the corpus of the trust and thereby terminate it.

Subparagraph 15 of the will reads as follows: "The balance of my residuary estate...

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