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MATTER OF KERBS

206 Misc. 479 (1954)

In the Matter of the Accounting of Guaranty Trust Company of New York, as Trustee, and Jeanne E. Kerbs et al., as Executors of Alice H. Kerbs, Deceased Trustee, under The Will of Edward A. Kerbs, Deceased.

Surrogate's Court, New York County.

May 19, 1954.

Attorney(s) appearing for the Case

Robert E. Samuels and I. Meyer Pincus for trustee and for executors of deceased trustee, petitioners.

Sidney R. Pine for John S. Kerbs and others, respondents.

De Forest, Elder & Mulreany for Keith McHugh, as President of Community Service Society of New York, respondent.

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

Alexander Bicks, special guardian for Maria C. Kerbs and others, infants, respondents.

FRANKENTHALER, S.

The court held in a prior decision in this proceeding that testator's will required by necessary implication that the principal of the trust created for the benefit of his widow be added on her death to the trust created for the benefit of his daughter (N. Y. L. J., April 5, 1954, p. 10, col. 4). A supplemental question now is raised as to the applicability to the augmented trust fund of a provision...

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