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MATTER OF NIEGSCH

58 Misc.2d 101 (1968)

In the Matter of The Estate of Paul Niegsch, Deceased.

Surrogate's Court, Erie County.

November 7, 1968

Attorney(s) appearing for the Case

Schaus & Schaus (Robert Schaus of counsel), for Liberty National Bank and Trust Company, as successor trustee under the will of Paul Niegsch, deceased, petitioner. Daniel J. Maurin, guardian ad litem. Seitz & Seitz (Donald F. Seitz of counsel), for Joseph Niegsch. Elsaesser & Elsaesser (Eugene F. Elsaesser of counsel), for Frances Riso and others. Richard Sax, remainderman.

WILLIAM J. REGAN, S.

In this judicial settlement a construction was prayed for concerning paragraphs eighth and ninth of the will. Paul Niegsch died September 8, 1927, his will creating a trust for the benefit and during the lives of his two daughters, Mary Binner and Bertha Niegsch. In accordance with its terms the trust was terminated as to one half of the principal upon the prior death of Bertha Niegsch. Mary Binner died on June 29, 1967 and we are...

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