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In re the Construction of the Will of Burack

5 A.D.2d 840 Court N.Y. App. Div. Decision date 1958-02-10 English

Judges Present — Beldock, Acting P. J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ.

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p. 840
In the Matter of the Construction of the Will of Charles Burack, Deceased. Benjamin Burack, Appellant; Anote Siegel, Individually and as Trustee of Charles Burack, Deceased, et al., Respondents.

Appeal from a decree of the Surrogate’s Court, Kings County, which construes the provisions of paragraph “ Fourteenth ” of the testator’s last will and testament to constitute a valid trust of personal property and that said trust is an active rather than a passive trust. Decree unanimously affirmed, without costs. No opinion.

Present — Beldock, Acting P. J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ.