MATTER OF MAX


15 A.D.2d 793 (1962)

In the Matter of The Estate of Irving Max, Deceased. Abraham Marx, as Executor of Irving Max, Deceased, et al., Respondents; Schyia Max, Appellant

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

February 13, 1962


Order reversed on the law, without costs; objection to the court's exercise of jurisdiction sustained, and petition for construction dismissed.

No questions of fact were considered by this court. On April 26, 1954, testator and his son entered into a partnership agreement with respect to the business which they were then conducting. The agreement provided that the survivor shall take the entire business without any payment by him to the estate of the deceased partner...

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