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MATTER OF FINKENBERG

12 Misc.2d 82 (1958)

In the Matter of The Estate of Edward Finkenberg, Deceased.

Surrogate's Court, New York County.

May 12, 1958.

Attorney(s) appearing for the Case

Lewis, Rassner & Berman for Israel Finkenberg and others, as executors and trustees, petitioners.

Timen & Waters for Jessie L. Finkenberg, respondent.

Louis J. Lefkowitz, Attorney-General (William G. Ross of counsel), for Department of Mental Hygiene and/or Creedmoor State Hospital, respondent.

Jacob Grumet, as special guardian for Fannie J. Finkenberg, an incompetent, respondent.

Ira Koenig, as special guardian for Edward Finkenberg and others, infants, respondent.

S. SAMUEL DI FALCO, S.

Supplementing my prior decision (N. Y. L. J., April 11, 1958, p. 6, col. 4) a question heretofore submitted but not passed upon by the court will be determined herein.

It appears that the testator's former wife, an incompetent, has been since 1946 and still is a patient at Creedmoor State Hospital. Under a decree of annulment against her procured by the testator pursuant to subdivision...

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