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RICH v. MOTTEK

14 A.D.2d 89 (1961)

Illa Rich, Also Known as Ilselotte Rich, et al., Appellants, v. Henry Mottek et al., as Executors and Trustees under The Will of Margaret Mottek, Deceased, Respondents

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

July 6, 1961.

Attorney(s) appearing for the Case

Elliott J. Solomon of counsel (Garfield, Salomon & Mainzer, attorneys), for appellants.

Charles Feit of counsel (Zalkin & Cohen, attorneys), for respondents.

McNALLY and STEVENS, JJ., concur with BERGAN, J.; VALENTE, J., dissents and votes to reverse in opinion, in which RABIN, J. P., concurs.

BERGAN, J.

In the State of New York, but in the German language, Ludwig Mottek and Margaret Mottek, executed in 1946 a joint will, a dispute as to the terms of which has resulted in this action in equity. The testators, who had lived most of their lives in Germany, were husband and wife. The instrument was entirely handwritten. They had two daughters, who are plaintiffs in this action against the executors of...

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