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MATTER OF BERG

64 Misc.2d 197 (1970)

In the Matter of The Estate of Henry W. Berg, Deceased.

Surrogate's Court, New York County.

September 21, 1970

Attorney(s) appearing for the Case

Albertson, Simmons & Butler (Joseph L. Albertson of counsel), for trustee, petitioner. Robert S. Groban, Jr., for beneficiaries.

S. SAMUEL DI FALCO, S.

Henry W. Berg died on September 22, 1938, a resident of the County of New York, leaving a will admitted to probate in this court on January 7, 1939. In this proceeding the trustee under article NINETEENTH of that will seeks the settlement of its account and, in addition, construction of article TWENTY-FIRST thereof in which are embodied the investment instructions of the testator. Paragraph TWENTY-FIRST authorized the retention...

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