MATTER OF MENDELSON


22 Misc.2d 476 (1960)

In the Matter of the Construction of the Will of Irving Mendelson, Deceased.

Surrogate's Court, Nassau County.

March 23, 1960.


Attorney(s) appearing for the Case

Brennan & Korshin (Jack Korshin of counsel), for petitioner.

Nathaniel H. Mandelker for respondent.

W. Wesley Hill, as special guardian for Sherry R. Mendelson and another, infants.


JOHN D. BENNETT, S.

The executor moves to dismiss this construction proceeding on the ground inter alia that the court lacks jurisdiction of the proceeding.

The executor argues that since there is no ambiguity in the will, the court cannot determine the question of the effect of a separation agreement upon certain provisions of the will in an independent construction proceeding, but must postpone...

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