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MATTER OF FABER

305 N.Y. 200 (1953)

In the Matter of The Estate of Max Faber, Deceased. Sandra D. Faber, by Joseph Scirto, Her Special Guardian, Appellant; Helen Faber et al., as Executrices of Max Faber, Deceased, et al., Respondents.

Court of Appeals of the State of New York.

Decided April 9, 1953

Attorney(s) appearing for the Case

Joseph F. Scirto, special guardian for Sandra D. Faber, an infant, appellant.

Ellsworth Storrs for Helen Faber and another, executrices, respondents, and Daniel P. Falsioni, special guardian for Adell Faber, an infant, respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY and FROESSEL, JJ., concur with FULD, J.; DESMOND, J., dissents in opinion in which DYE, J., concurs.

FULD, J.

In the summer of 1946, Max Faber executed his last will and testament. At that time, he had but one child, Adell, a girl of about two. He died four years later, but, in the interval, another daughter, Sandra, was born. The will made provision for his wife and Adell, but not for the after-born child. However, about a month after her birth, the father took out a $5,000 policy of insurance for her benefit...

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