MATTER OF BUDA


21 Misc.2d 931 (1960)

In the Matter of the Accounting of First National City Trust Company, as Executor of Alfred M. Buda, Deceased.

Surrogate's Court, Kings County.

January 25, 1960.


Attorney(s) appearing for the Case

Bainton, Devlin, Douglas & Vorhees for First National City Trust Co., as executor.

Justine A. Menus for Gloria E. B. Raphael and another, legatees.

Jerome P. Schneider, as special guardian.


MAXIMILIAN MOSS, S.

In this proceeding to settle an executor's account, testator's daughters claim that a legacy to them of an automobile was not adeemed by the destruction of the automobile and that they are entitled to the insurance proceeds.

The material facts are not in dispute. Testator was killed on June 4, 1951, when the automobile in which he was a passenger was struck by a train. His wife died with testator in the same accident, under...

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