MATTER OF CAIRNS


33 Misc.2d 621 (1962)

In the Matter of The Estate of John J. Cairns, Deceased.

Surrogate's Court, Nassau County.

March 13, 1962


Attorney(s) appearing for the Case

C. H. Tunnicliffe Jones, executor in person. Frederick C. Edel for objectants. Frederick H. Schneider for Mae Gallagher and others, residuary legatees.


JOHN D. BENNETT, S.

This accounting proceeding presents the interesting question of the effect of the recital in a bond and mortgage that it shall be null and void upon the mortgagee's death.

On March 22, 1955, the two objectants executed a certain bond and mortgage in the amount of $5,000 to secure a contemporaneous indebtedness owing to the decedent. Both the bond and mortgage contain substantially...

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