MATTER OF ZAPOLSKY


2 Misc.2d 103 (1956)

In the Matter of the Accounting of Isaac M. Rothenberg et al., as Surviving Executors of Fannie Zapolsky, Deceased.

Surrogate's Court, Kings County.

March 21, 1956.


Attorney(s) appearing for the Case

Isaac M. Rothenberg, in person, and Arthur S. Hirsch for executors, petitioners.

Herbert Carr, special guardian.

Corner, Chopnick & Garrell for creditor.

Arnold Katz for Jewish Child Care Association of N. Y.

Edward M. Benton for United HIAS Service.


MOSS, S.

Incidental to the judicial settlement of their account the surviving executors seek a determination as to whether certain legacies under the will have lapsed and fixation of their attorneys' compensation.

Testatrix by her will made certain legacies payable to Molly Zapolsky, Sarah Bielski and Morris Zapolsky, residents of the town of Slonim, Poland. By paragraph "Seventh" of her will, testatrix provided that in the event it shall be impossible...

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