MATTER OF SHEINES


198 Misc. 59 (1950)

In the Matter of the Accounting of Isaac Rudnick et al., as Executors of Joseph Sheines, Deceased.

Surrogate's Court, New York County.

February 6, 1950.


Attorney(s) appearing for the Case

Eli N. Cohen for executors, petitioners.

Herbert Rubin for Rubin Shanes and others, respondents-objectants.

Nathaniel L. Goldstein, Attorney-General (Corning G. McKennee of counsel), for charities, respondents.


COLLINS, S.

In this proceeding for the settlement of the account of the executors, construction of the will is required in order to determine whether a devise of real property embraced the deceased's interest in a mortgage on the premises or whether that interest passed under the residuary clause to the legatees therein named. The question is framed by the objections filed by the persons composing that group.

Deceased was the owner of a one-fourth...

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