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MATTER OF FANELLI

207 Misc. 719 (1955)

In the Matter of the Accounting of Henry J. Foster, as Executor of Rocco Fanelli, Deceased.

Surrogate's Court, Bronx County.

May 2, 1955.

Attorney(s) appearing for the Case

Oscar S. Blinn for executor, petitioner.

Henry Sforza for Church of the Immaculate Conception.

August A. Caserta for Anna Fanelli.

Jacob K. Javits, Attorney-General (Kenneth D. Shearer of counsel), in his statutory capacity under section 12 of Personal Property Law and section 113 of Real Property Law.

McGRATH, S.

In this accounting proceeding, the executor petitions for a construction of paragraph "Fifth (a)" of the will. The widow who is the sole distributee has invoked the provisions of section 17 of the Decedent Estate Law and in addition challenges the validity of the trust provided for in paragraph "Fifth (a)". Both the Attorney-General representing indefinite and charitable beneficiaries and the charitable...

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