MATTER OF BYERS


208 Misc. 916 (1955)

In the Matter of the Accounting of Grace L. Gilbert, as Executrix of Margaret R. Byers, Deceased.

Surrogate's Court, Nassau County.

September 8, 1955.


Attorney(s) appearing for the Case

William H. Daly for executrix, petitioner.

Horace G. Pender for Lilian H. Pender and another, objectants.


BENNETT, S.

This is an accounting which required a determination of the distribution of the estate. A hearing was held before this court August 29, 1955. The proof presented clearly establishes that the husband, who is the beneficiary under the will, killed the decedent. He is therefore barred from any profit by his own wrong, both as to taking under the will of decedent and under insurance policies on the life of decedent made payable to him. As to those...

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