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MATTER OF BRENER

8 Misc.2d 182 (1957)

In the Matter of the Accounting of Sidney S. Levine, as Executor of Anna Brener, Deceased.

Surrogate's Court, Bronx County.

July 3, 1957.

Attorney(s) appearing for the Case

Bernard Lefkowitz, Sidney S. Levine and Constantine G. Comninel for petitioner-executor.

Lionel J. Freeman for Isidor P. Friedman and another as coexecutors.

Louis J. Lefkowitz, Attorney-General (Kenneth D. Shearer of counsel).

David Sloane for Polish Consul.

Eugene L. Sugarman, special guardian for unknown persons and persons whose whereabouts are unknown.

CHRISTOPHER C. McGRATH, S.

The application to reopen the proceeding to judicially settle the account of the executor and the application to construe the will of the testatrix are consolidated.

The court is satisfied upon the proof adduced in open court that the legatee, Pincus Grynspan, never existed and that the legatees, Perla Katz, Rywka Grynspan and Tobalia Grynspan predeceased the testatrix.

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