MATTER OF MALISZEWSKI


42 A.D.3d 737 (2007)

839 N.Y.S.2d 586

In the Matter of the Estate of EDWARD J. MALISZEWSKI, Deceased. ROBERT MALISZEWSKI et al., as Guardians of the Property of CELENA M. MALISZEWSKI, an Infant, et al., Appellants; MICHAEL BIEGA et al., Respondents.

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

Decided July 12, 2007.


Mercure, J.P.

Petitioners commenced this proceeding to construe the fourth paragraph of decedent's last will and testament. That paragraph provided that if any part of decedent's estate vested "absolute ownership in a person under the age of [25]," then decedent's fiduciary was authorized "to hold the property so vested in a separate fund for the benefit of such person and to invest and reinvest the same." The fiduciary was also directed to apply so much of the net...

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