MATTER OF WIENER


34 Misc.2d 60 (1962)

In the Matter of The Estate of Barnet Wiener, Deceased.

Surrogate's Court, Kings County.

March 22, 1962


Attorney(s) appearing for the Case

Jacob J. Klansky for petitioner. Whitehorn & Cowin for distributees. Gair & Gair for estate of deceased widow.


MAXIMILIAN MOSS, S.

In this accounting proceeding construction of testator's will is required in order to determine the distribution of the residuary trust remainder under paragraph "Eighth" of the will. By subparagraph (b) thereof testator devised and bequeathed 20% of the trust remainder to his only sister "but only if she shall survive me and my wife." She survived testator but predeceased his wife, leaving...

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