MATTER OF BRETTSCHNEIDER


30 A.D.2d 59 (1968)

In the Matter of the Accounting of Harry Panish, as Executor of Marks Brettschneider, Deceased, Appellant. Rose Brettschneider, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

May 7, 1968.


Attorney(s) appearing for the Case

Sam Panish of counsel (Smith, Panish & Getlan, attorneys), for appellant.

Thomas Cartelli for respondent.

BOTEIN, P. J., STEVENS, STEUER, TILZER and McNALLY, JJ., concur.


Per Curiam.

The testator by paragraph Fourth of his will dated March 28, 1951 provided for a statutory trust for his widow — "an amount equivalent to her intestate share". Upon termination of the trust, the trustees are directed to pay over the then principal and "any unpaid income" to testator's three children by a prior marriage. The decree appealed from by the executor and legatee children holds that the widow...

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