MATTER OF SEIDMAN


88 Misc.2d 462 (1976)

In the Matter of The Estate of Alvin Seidman, Deceased.

Surrogate's Court, Kings County.

November 1, 1976


Attorney(s) appearing for the Case

Kalish & Lewis for executrix. Irwin N. Wilpon, guardian ad litem for infant children.


NATHAN R. SOBEL, S.

This construction proceeding requires consideration of the doctrine of "merger" in the law of trusts. The New York position, not held by a majority of the States, has been labeled backward and unsound by legal scholars (2 Scott, Trusts [3d ed], § 99.3).

Testator, Alvin Seidman, died October 22, 1975, leaving a wife, Rosalind, and four children, two of whom are infants. His will...

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