MATTER OF COLLINS


17 A.D.2d 304 (1962)

In the Matter of The Estate of Frederick A. Collins, Deceased. Frederick A. Collins, Jr., et al., Individually and as Executors of Frederick A. Collins, Deceased, Appellants-Respondents; Lucia B. Collins, Respondent-Appellant

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

November 27, 1962.


Attorney(s) appearing for the Case

Philip Feldman of counsel (M. James Spitzer with him on the brief; Reich, Spitzer & Feldman, attorneys), for appellants-respondents.

Philip Handelman of counsel (Robert M. Trien with him on the brief), for respondent-appellant.

BREITEL, J. P., and VALENTE, J., concur with STEVENS, J.; EAGER, J., dissents in opinion in which McNALLY, J., concurs.


STEVENS, J.

These are cross appeals from a decree entered February 2, 1962. Petitioners appeal to the extent that the decree adjudged respondent to be the widow of decedent and directed payment to her of the $1,000 exemption with interest, together with costs and disbursements. Respondent appealed from said decree insofar as it adjudged respondent has no rights under paragraph "SECOND" of the will, limited her...

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