MATTER OF KAJKOWSKI


13 A.D.2d 994 (1961)

In the Matter of the Construction of The Will of Anthony Kajkowski, Deceased. Edward V. Kajkowski, as Executor of Anthony Kajkowski, Deceased, Appellant; Peter A. Grande, as Special Guardian for Kenneth A. Kajkowski, an Infant, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 14, 1961


On September 10, 1953, testator and his wife made a joint will, which provided that all their property was to go to the survivor. However, in the event of death of both in a common accident, the property was given to two named children. The will expressly stated that no provision was made for a grandson, the child of a deceased son. Testator and his wife did not die in a common accident. She died March 24, 1957; he died March 11, 1959. The will was admitted to probate on...

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