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MATTER OF ROSENTHAL

283 A.D. 316 (1954)

In the Matter of the Construction of The Will of Abraham S. Rosenthal, Deceased. Jean L. Tanburn, Appellant; Rhea S. Hoffheimer et al., as Trustees under The Will of Abraham S. Rosenthal, Deceased, et al., Respondents

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

February 16, 1954.

Attorney(s) appearing for the Case

Joseph M. Proskauer of counsel (J. Alvin Van Bergh, Charles Looker and Philip J. Hirsch with him on the brief; Jack M. Ginsberg, attorney), for appellant.

P. Hodges Combier of counsel (Wendell P. Brown and Samuel A. Hirshowitz with him on the brief; Nathaniel L. Goldstein, Attorney-General), respondent, in his statutory capacity under section 12 of Personal Property Law and section 113 of Real Property Law.

Leo H. Hirsch, Jr., of counsel (Boyle, Feller & Reeves, attorneys), for Samuel R. Feller and another, as executors and nominated trustees under the will of Stephen A. Tanburn, deceased, respondents.

Francis S. Bensel of counsel (Albert B. Maginnes, Leonard A. Blue and Douglas A. Witschieben with him on the brief; Kelley, Drye, Newhall & Maginnes, attorneys), for Rhea S. Hoffheimer and others, as trustees under the will of Abraham S. Rosenthal, deceased, respondents.

Present — DORE, J. P., CALLAHAN, BREITEL, BOTEIN and BERGAN, JJ.

BOTEIN, J.

Petitioner appeals from a decree of the Surrogate construing the will of her great-grandfather.

That will divided the residue of the testator's estate into two equal parts, each to be held in trust for a term measured by two lives. It granted to petitioner's father (testator's grandson) the power to appoint by his own will the corpus of one of these trusts. In turn, by his will petitioner's...

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