MATTER OF BROWN


197 Misc. 938 (1950)

In the Matter of the Construction of The Will of Jennie Brown, Deceased.

Surrogate's Court, New York County.

January 6, 1950.


Attorney(s) appearing for the Case

Abraham N. Davis and Ross D. Davis for Fannie Berger, as executrix of Jennie Brown, deceased, petitioner.

Grace Kelly Santo, special guardian for Jeffrey Golub and another, infants, respondents.


FRANKENTHALER, S.

Deceased's will contains language disposing of two parcels of real property. At the date of the will and at the time of deceased's death title to only one of the properties was in deceased's name but she held the stock of a corporation whose principal asset was the other piece of real estate. The court holds that the will is effective to dispose of the corporate stock owned by deceased in lieu of the realty she did not own. The clear...

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