MATTER OF LEVIN


26 Misc.2d 866 (1960)

In the Matter of the Probate of the Will of Louis Levin, Deceased.

Surrogate's Court, Bronx County.

December 23, 1960


Attorney(s) appearing for the Case

S. Sidney Smith for proponent. Fein, Kisver & Silverbush for Harry Levine, objectant. Lavery, Lauterback & Babchak for David Levine and another. Kalik, Kalik & Diamond for Mary Beitz and others. William S. Evans, as special guardian for infant legatees and attorney for legatees in military service.


CHRISTOPHER C. McGRATH, S.

In this probate proceeding it is undisputed that the testator validly executed a will and four codicils.

It appears that shortly before the testator left his residence to enter the hospital in which he died, he executed a fourth codicil. This instrument made certain directions and then stated that "the codicil dated the 14th day of May, 1954 [first codicil] is herewith cancelled and of no force and effect, it being my...

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