General
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
5 A.D.2d 840·New York Supreme Court, Appellate Division·1958·NY
Present — Beldock, Acting P. J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ.
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Opinion
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.
[MAJORITY]
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.