MATTER OF DE ACOSTA


8 Misc.2d 46 (1957)

In the Matter of The Estate of Jose M. De Acosta, Deceased.

Surrogate's Court, New York County.

March 20, 1957.


Attorney(s) appearing for the Case

Furey, Wolin & Byrne for Empire Trust Company and another, petitioners.

Brinsmade & Schafrann for Jose M. de Acosta and another, respondents.

Glenn & Kimmey for Beatrice M. de Acosta and another, respondents.

Wechsler & Solodar for Stephanie M. de Acosta and another, respondents.

Jacob K. Javits, Attorney-General (Louis E. Cooper of counsel), for Director of Hudson River State Hospital, respondent.


S. SAMUEL DI FALCO, S.

The court holds that under the terms of paragraph "Second" of the will testator's daughter Eleanor is excluded in the division of the bequest of women's jewelry made to the surviving daughters. It is conceded that at the death of the testator she was an adjudged incompetent and no claim is made that since that time her condition has improved to a point where she may be considered sufficiently...

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