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MATTER OF MEYERS

196 Misc. 731 (1949)

In the Matter of the Accounting of Samuel Halpern, as Executor of Rose Meyers, Deceased.

Surrogate's Court, New York County.

November 9, 1949.

Attorney(s) appearing for the Case

S. C. & S. H. Levine for executor, petitioner.

Nathaniel L. Goldstein, Attorney-General (Corning G. McKennee of counsel), for charities, respondent.

J. Tobias Goldberg for Leah Kalfus and others, respondents.

FRANKENTHALER, S.

Testatrix bequeathed the residue of her estate to the accounting executor, in trust, to erect a "suitable monument on my grave, and to pay, annually, such amount as may be necessary for the proper care and maintenance of our family plot". The executor requests a construction of the above provision and permission to transfer sufficient funds to a named religious corporation to have it provide such perpetual care.

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