MATTER OF WOLPERT


33 Misc.2d 1080 (1962)

In the Matter of The Estate of Charles Wolpert, Deceased.

Surrogate's Court, Nassau County.

April 11, 1962


Attorney(s) appearing for the Case

William M. Mullolly for executrix. Stanley C. Fowler for respondent. Bertram Harnett, County Attorney, for Board of Public Welfare of Nassau County. John P. McQuade for Francis Schmitt, legatee.


JOHN D. BENNETT, S.

This is a motion to reargue a determination made by this court by decision dated February 27, 1962, of the right of the executrix to possession of certain real property. The motion is granted to the extent of a reconsideration of the question in the papers submitted on the motion.

There is no question that the executrix would have an absolute right to possession of the real property under the provisions of section 13 of the...

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