MATTER OF ERSTEIN


205 Misc. 924 (1954)

In the Matter of the Accounting of Jane E. Carr, as Administratrix C. T. A. of Benedict Erstein, Deceased.

Surrogate's Court, New York County.

March 16, 1954.


Attorney(s) appearing for the Case

Gale, Bernays, Falk & Eisner for administratrix c. t. a., petitioner.

Edward S. Bentley and Robert T. Aller for Harriet H. Nalley, respondent.

Joseph Levine, special guardian for Peter K. Sour and another, infants, respondents.


COLLINS, S.

The testator died on March 14, 1952, leaving a will dated February 15, 1945, which contained no bequest to his widow. She elected to take against the will (Decedent Estate Law, § 18). In the final accounting of the administratrix c.t.a., the petition alleges that the dispositive provisions of the will represent performance by the testator of the obligations imposed on him by a separation...

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