MATTER OF BRENER


12 A.D.2d 258 (1961)

In the Matter of the Construction of The Will of Anna Brener, Deceased. Sidney S. Levine, as Executor of Anna Brener, Deceased, Respondent; Max Katz of Toronto, Canada, Appellant; Max Katz of New York, Respondent

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

February 14, 1961.


Attorney(s) appearing for the Case

Joseph Goldman for appellant.

Bernard Lefkowitz for Sidney S. Levine, respondent.

Clara Tepper (Leonard H. Rosen on the brief), for Max Katz of New York City, respondent.

RABIN and EAGER, JJ., concur with McNALLY, J.; VALENTE, J., dissents and votes to affirm in opinion in which BREITEL, J. P., concurs.


McNALLY, J.

This is an appeal from so much of an order and decree of the Surrogate's Court, Bronx County, which directed that moneys payable to Max Katz of Toronto be paid to Max Katz of New York as assignee of said Max Katz of Toronto by reason of a written assignment by him executed dated January 9, 1957. Max Katz of New York was joined as a respondent on this appeal pursuant to the order of this court (

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