MATTER OF DUBERSTEIN


19 Misc.2d 35 (1959)

In the Matter of the Construction of the Will of Mary Duberstein, Deceased.

Surrogate's Court, Kings County.

July 17, 1959.


Attorney(s) appearing for the Case

Raphael Persky for petitioner.

Halperin, Natanson, Shurtz, Scholer & Steingut for respondents.


MAXIMILIAN MOSS, S.

This is a petition by a grandchild of the testatrix, seeking a determination as to the validity and effect of article "V" of the will and her right to take a share "per stirpes" thereunder.

The testatrix died on November 27, 1957, leaving a will dated July 2, 1952, which was granted probate on January 17, 1958. The petitioner's waiver and consent to the probate of the will is filed herein.

The testatrix was the...

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