MATTER OF BURGGRAF


12 Misc.2d 152 (1958)

In the Matter of The Estate of Barbara Burggraf, Deceased.

Surrogate's Court, New York County.

June 2, 1958.


Attorney(s) appearing for the Case

Harry Ostrov for Irwin Stern, as executor, petitioner.

Anna H. Isenschmid for Helmuth W. M. Burggraf and another, respondents.

Allan R. Winick for Ludwig Wittman and others, respondents.


S. SAMUEL DI FALCO, S.

Helene Walter, one of the three residuary legatees, predeceased the testatrix. She was related to the testatrix by marriage, and the legacy, not being within the scope of section 29 of the Decedent Estate Law, will have lapsed unless the testatrix has, by implication, made a substitutional gift to the issue of Mrs. Walter. The accounting executor requests a construction of the will in this respect. The daughter of the deceased legatee...

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