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MATTER OF HABER

281 A.D. 383 (1953)

In the Matter of the Accounting of Manufacturers and Traders Trust Company, as Trustee under The Will of Henry Haber, Deceased, Respondent. Edda Wimpfheimer et al., Appellants; Bella Stern, Respondent

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

March 18, 1953.

Attorney(s) appearing for the Case

George W. Percy for appellants.

Charles K. Baecher for Manufacturers and Traders Trust Company, respondent.

Robert R. Slaughter for Bella Stern, respondent.

Present — TAYLOR, P. J., McCURN, VAUGHAN, KIMBALL and WHEELER, JJ.

McCURN, J.

The will of Henry Haber, deceased, after providing for the payment of his debts and funeral expenses provides in the Second, Third, Fourth, Fifth and Sixth paragraphs for bequests in money to several named relatives. The Seventh paragraph devises and bequeaths the remainder of his estate to his executor in trust to divide such remainder into three equal parts and

"2nd) — Pay one-third...

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