MATTER OF BIRNBAUM


199 Misc. 31 (1950)

In the Matter of Jennie Navasky, as Executrix of Nathan Willner, Deceased, to Compel the Accounting of Boris J. Friedkiss, as Executor of Lizzie Birnbaum, Deceased.

Surrogate's Court, Kings County.

May 22, 1950.


Attorney(s) appearing for the Case

Richard M. Monfried and Emanuel L. Kayman for Jennie Navasky, as executrix of Nathan Willner, deceased, petitioner.

Jacob I. Polstein for Boris J. Friedkiss, as executor of Lizzie Birnbaum, deceased, respondent.


McGAREY, S.

On the proof taken pursuant to the prior decision rendered herein the court finds that the notice of election of the testatrix' husband was personally served on the nominated executor on June 4, 1942, and retained by him. It appearing that no one will be prejudiced thereby, the filing and recording of the proof of service of the notice and the recording of the notice will be deemed to have been effected...

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