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MATTER OF BOASBERG

51 Misc.2d 684 (1966)

In the Matter of The Estate of Norman E. Boasberg, Deceased.

Surrogate's Court, Erie County.

October 7, 1966

Attorney(s) appearing for the Case

Adrian Block and Clara J. Taylor for petitioners. Louis J. Lefkowitz, Attorney-General (Margaret D. Hazel of counsel), for State of New York. John J. Barone, special guardian. Saperston, Wiltsie, Duke, Day & Wilson (John L. Kirschner of counsel), for Cornell University. William F. McHugh for State University of New York. J. Harold Klosheim for Marine Midland Trust Company of Western New York. Emanuel Boasberg, cotrustee in person.

WILLIAM J. REGAN, S.

Petitioners request a judicial construction of Article FIFTH of decedent's last will and testament dated June 14, 1961, admitted to probate by this court on September 22, 1961.

Article FIFTH put the residue of the decedent's estate in trust with the provision that the income was to be paid to the decedent's wife for life and then distributed as follows: "I do further will and direct that the part or portion of my residuary...

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