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MATTER OF LAZARUS

54 Misc.2d 593 (1967)

In the Matter of The Estate of Laura R. Lazarus, Deceased. In the Matter of The Estate of Hammond E. Fisher, Deceased.

Surrogate's Court, New York County.

September 7, 1967

Attorney(s) appearing for the Case

Murray Ehrlich for petitioner in the first above-entitled action. Moses Hoenig, committee for incompetent and attorney for incompetent. Becker, Ross & Stone (Robert L. Klein of counsel), for Robert D. Rogers, successor trustee. Albert Felix, special guardian. Becker, Ross & Stone (Robert L. Klein and Stephen E. Michelman of counsel), for petitioner in the second above-entitled action. Burke & Shapiro for respondent-trustee.

SAMUEL J. SILVERMAN, S.

In each of these two proceedings the committee of an incompetent income beneficiary of a trust requests a direction to the trustee to pay over to the committee part or all of the income of which the incompetent is the beneficiary.

In both cases the granting of the petition would mean that the committee, rather than the trustee, would administer (and to some extent apply) and act...

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