MATTER OF BENDER


56 Misc.2d 585 (1968)

In the Matter of The Estate of Anne P. Bender, Deceased.

Surrogate's Court, Nassau County.

May 8, 1968


Attorney(s) appearing for the Case

Sharretts & Sharretts (Edward P. Sharretts of counsel), for executor, petitioner. Louis J. Lefkowitz, Attorney-General (George J. Wallace of counsel), for ultimate charities.


JOHN D. BENNETT, J.

The decedent and her husband during her lifetime obtained a loan from a trust company, the executor herein. The executor applies for approval to satisfy said loan out of the proceeds of the estate. In consideration thereof, the decedent's husband has agreed, pursuant to a waiver executed by him on March 15, 1968, to waive his right to have the fiduciary invade the principal on his behalf...

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