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MATTER OF HONIGMAN

8 N.Y.2d 244 (1960)

In the Matter of the Probate of the Will of Frank Honigman, Deceased. Frank F. Honigman et al., Respondents; Florence Honigman, Appellant.

Court of Appeals of the State of New York.

Decided July 8, 1960.

Attorney(s) appearing for the Case

John P. McGrath and Leonard M. Leiman for appellant.

Howard F. Cerny, William A. Schauer and George W. Herz for George Hoerschelman, respondent.

Frank M. Nicolosi and Maurice J. Giaimo for Frank F. Honigman, respondent.

Vincent F. Naro, special guardian for infants, respondent.

Chief Judge DESMOND and Judges FROESSEL and BURKE concur with Judge DYE; Judge FULD dissents in an opinion in which Judges VAN VOORHIS and FOSTER concur.

DYE, J.

Frank Honigman died May 4, 1956, survived by his wife, Florence. By a purported last will and testament, executed April 3, 1956, just one month before his death, he gave $5,000 to each of three named grandnieces, and cut off his wife with a life use of her minimum statutory share plus $2,500, with direction to pay the principal upon her death to his surviving brothers and sisters and to the descendants...

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