MATTER OF MARKOWITZ


205 Misc. 267 (1953)

In the Matter of the Construction of The Will of Max Markowitz, Deceased.

Surrogate's Court, Kings County.

December 15, 1953.


Attorney(s) appearing for the Case

Campbell & Hills for Martin Markowitz, as administrator c.t.a. of Max Markowitz, deceased, petitioner.

Meyer Schiff for Rose Markowitz, respondent.

Daniel Eisenberg, special guardian for Gloria Rosen and others, infants, respondent.

Jessie Hyman, respondent in person.


RUBENSTEIN, S.

The executor seeks a construction of testator's will. Testator, who was not an attorney, prepared and typed the instrument himself. The paragraphs are not numbered nor is there any residuary clause.

In construing a will that interpretation should be adopted, if possible, which avoids a partial intestacy (Matter of Birdsell, 271 App. Div. 90, affd. 296 N.Y. 840; Matter of Levi...

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