MATTER OF BREW


12 Misc.2d 139 (1958)

In the Matter of The Estate of William H. Brew, Deceased.

Surrogate's Court, New York County.

June 19, 1958.


Attorney(s) appearing for the Case

William B. Schrauff, Roger Hinds and Frank C. Mebane for Otto F. Weinert and another, as administrators c.t.a., petitioners.

James B. Burke and Jay W. Jacobs for Ruth A. Biehler, intervenor-respondent.

Edward W. Stitt, Jr., Charles F. Krause, Jr., and Gordon Walker for Elizabeth Moore, cross petitioner.


S. SAMUEL DI FALCO, S.

When the will of deceased was admitted to probate, there was reserved for later determination the question of the appointment of the fiduciary in accordance with the directions of the testator. The problem arises by reason of the fact that the deceased's widow survived him for a period of only 41 days, although their deaths were not attributable to a common cause or a single disaster....

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