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BJARSCH v. DiFALCO

No. 68 Civ. 4216.

314 F.Supp. 127 (1970)

Marianne BJARSCH and Werner Kleiner, Plaintiffs, v. S. Samuel DiFALCO and Samuel J. Silverman, Surrogates of the County of New York, and Bank of North America, as Trustee under the Last Will and Testament of Hanna Elizabeth Cosgrove, Deceased, Defendants.

United States District Court, S. D. New York.

June 8, 1970.

Attorney(s) appearing for the Case

Wolf, Popper, Ross, Wolf & Jones, New York City, for plaintiffs; Martin Popper, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen., State of New York, New York City, for defendants DiFalco and Silverman; Samuel A. Hirshowitz, First Asst. Atty. Gen., Warren M. Goidel, Asst. Atty. Gen., of counsel.

Before HAYS, Circuit Judge, and PALMIERI and POLLACK, District Judges.

PALMIERI, District Judge.

The plaintiffs in this action are German nationals and residents of the German Democratic Republic. They are remaindermen of a trust established in the will of a New York resident, Hanna Elizabeth Cosgrove, and are now entitled, under the terms of the trust, to immediate distribution of the remainder. The estate is presently subject to supervision of the New York County Surrogate's Court. This suit, against the two Surrogates of that county...

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