MATTER OF DAMMANN


12 N.Y.2d 500 (1963)

In the Matter of The Estate of Mary M. Dammann, Deceased. John J. Lynch, as Executor of Mary M. Dammann, Deceased, et al., Appellants-Respondents; Charles A. Sinnott et al., Respondents-Appellants; Otto P. Burkard, as Attorney in Fact for Heinrich Dammann, Respondent.

Court of Appeals of the State of New York.

Decided May 9, 1963.


Attorney(s) appearing for the Case

Raymond J. McGrover for John J. Lynch, as executor of Mary M. Dammann, deceased, and others, appellants-respondents.

Frank Serri for respondents-appellants.

Clarice G. Burkard for respondent.

Judges DYE, FULD, VAN VOORHIS, BURKE and FOSTER concur with Chief Judge DESMOND; Judge SCILEPPI dissents and votes to affirm in an opinion.


Chief Judge DESMOND.

In this proceeding the executor of the will of Mary M. Dammann, besides presenting his accounts for settlement, asked the Surrogate to construe several parts of the will. Of the Surrogate's holdings made in response to the petition, one only is disputed on this appeal — that is, his decision that because of the death, prior to the testatrix' death, of one of eight persons named as...

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