MATTER OF SPINGARN


17 Misc.2d 430 (1959)

In the Matter of The Estate of Leopold Spingarn, Deceased.

Surrogate's Court, New York County.

March 11, 1959.


Attorney(s) appearing for the Case

Lawrence I. Gerber for Howard Spingarn and another, as executors, petitioners.

Herbert A. Mossler for Claire Spingarn and another, respondents.

Julian S. Bush for Celia Spingarn, respondent.

Roy M. Cohn, as special guardian for James L. Spingarn and others, infants, respondent.

Maclay, Morgan & Williams (C. Dickerman Williams of counsel), for Pauline B. Paglin and others, respondents.


JOSEPH A. COX, S.

The first article of the codicil to the testator's will bequeathed to the legatee therein named the sum of $20,000 "in lieu of the gratuity which would otherwise be payable by reason of my membership in the New York Stock Exchange". At the date of the testator's death the legatee was his wife and, as such, was paid a sum of $20,000 by the stock exchange.

Other than the legacy in the codicil, the will made no provision for the...

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