MATTER OF WALLERSTEIN


33 Misc.2d 801 (1962)

In the Matter of The Estate of Max Wallerstein, Deceased.

Surrogate's Court, New York County.

March 6, 1962


Attorney(s) appearing for the Case

Field, Florea & Field and Louis J. Walker for Helen S. Wallerstein and others, as trustees, petitioners. Maurice Shorenstein, as special guardian for Susan Harmon and others, infants, respondent. Nathan Ravner, as special guardian for Thomas J. Wallerstein and another, infants, respondent.


S. SAMUEL DI FALCO, S.

The record in this proceeding to construe the will establishes abundant ground for the finding that the testator intended the term "the surviving issue of myself and my wife" to embrace adopted children, as well as natural children. The decedent's conversations with his wife and son, both before and after the execution of his will, reveal his approval of the adoption of children when there are no natural children and his feeling...

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