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MATTER OF ROSENTHAL

204 Misc. 432 (1953)

In the Matter of the Construction of The Will of Abraham S. Rosenthal, Deceased.

Surrogate's Court, New York County.

May 8, 1953.

Attorney(s) appearing for the Case

Jack M. Ginsberg (Charles Looker and Norma Hack of counsel), as attorney and special guardian for Jean L. Tanburn, petitioner.

Albert B. Maginnes, Leonard A. Blue and Douglas A. Witschieben for Rhea S. Hoffheimer and others, as trustees under the will of Abraham Rosenthal, deceased, respondents.

Leo H. Hirsch, Jr., for Samuel Feller and another, as executors of Stephen A. Tanburn, deceased, respondents.

Nathaniel L. Goldstein, Attorney-General (P. Hodges Combier of counsel), in his statutory capacity under section 12 of Personal Property Law and section 113 of Real Property Law, respondent.

COLLINS, S.

The petitioner, Jean L. Tanburn, who will attain the age of twenty-one years on May 24, 1953, seeks a construction of certain provisions of the will of the testator, who was her great-grandfather. The will was admitted to probate in this court on May 26, 1938.

Broadly, the testator's will evinces a pattern to exclude from participation in his property descendants of his who marry non-Jews...

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