MATTER OF CONDAX


11 Misc.2d 819 (1958)

In the Matter of The Estate of Michael Condax, Deceased.

Surrogate's Court, New York County.

March 13, 1958.


Attorney(s) appearing for the Case

Melvin Howard Osterman, Harold L. Lipton and Edgar H. Booth for Satiros N. Cachulis and another, as executors and trustees, petitioners.

Lamb, Saytanides & Mulaine, respondents in person.

Harry Harris, special guardian for Constantine Condax and another, infants, respondent.

John J. O'Connor for United States Fidelity and Guaranty Company, respondent.


S. SAMUEL DI FALCO, S.

In this proceeding to settle the account of executors and trustees and for a construction, the court construes the will as follows: Under paragraph Fourth thereof the widow is entitled to one third of the net estate after deduction of funeral and administration expenses and debts, but before deduction of taxes (Matter of Whitman, 125 N.Y.S.2d 165).

Under paragraph Fifth...

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