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MATTER OF HERBERT

23 Misc.2d 884 (1959)

In the Matter of The Estate of Jess Herbert, Deceased.

Surrogate's Court, New York County.

August 27, 1959.

Attorney(s) appearing for the Case

Alvin Wayne for Paul Levande, as executor, petitioner.

Hyman A. Schulson for Robert B. Slepian and another, respondents.

Morris Honig, as special guardian for Charles Slepian, an infant, respondent.

William L. Schwartz and Philip Warshaw for Charlotte Herbert and another, respondents.

Dodge, Saltzman & Waxberg for Sophie Schwartz and another, as executors of George J. Schwartz, deceased, respondents.

Herman & David Haimes for Muriel Singer, respondent.

S. SAMUEL DI FALCO, S.

This estate is hopelessly insolvent. The accounting filed by the executor lists only one judgment creditor, Muriel Singer, whose judgment in the sum of $6,844.25 is dated June 1, 1955. The former wife of the testator is listed as a general creditor having a claim in the sum of $2,037.

At the hearing it was established that the claim of the former wife was based upon a judgment...

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