MATTER OF BLUESTEIN


277 A.D. 385 (1950)

In the Matter of the Construction of The Will of Samuel Bluestein, Deceased Murray Goodman et al., Respondents; Rose Bluestein, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 31, 1950.


Attorney(s) appearing for the Case

Harold M. Weinberg for appellant.

Ilo Orleans of counsel (Falk & Orleans, attorneys), for respondents.

PECK, P. J. and CALLAHAN, JJ., concur; GLENNON and COHN, JJ., dissent and vote to affirm.


SHIENTAG, J.

We do not agree with the construction of the will by the learned Surrogate. The will was written in longhand on a printed law blank by the testator about a year and a half before his death. He was a certified public accountant with about eight employees one of whom was Goodman, whose legacy is here involved. The testator was a member of the New York bar but there is nothing to indicate that he practiced...

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