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MATTER OF RATHKOPF

7 Misc.2d 104 (1957)

In the Matter of the Probate of the Will of Malvina M. Rathkopf, Deceased.

Surrogate's Court, Nassau County.

May 27, 1957.

Attorney(s) appearing for the Case

Arden H. Rathkopf for petitioners.

JOHN D. BENNETT, S.

The petitioners are sons of the decedent and are named as substitute executors in the propounded instrument in the event that the executor named therein predeceased the testatrix. The petition recites that the executor named in the propounded instrument died prior to or simultaneously with the testatrix.

The issue presented is whether the substitute executors named in the propounded...

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