MATTER OF SCHLINGER


48 Misc.2d 345 (1965)

In the Matter of The Estate of Joseph Schlinger, Deceased.

Surrogate's Court, Westchester County.

November 9, 1965


Attorney(s) appearing for the Case

Becker, Ross & Stone for petitioner. Stroock & Stroock & Lavan for Montefiore Hospital and Medical Center, respondent. Anthony G. Di Falco for executor, respondent. Regosin, Edwards & Freeman for Alex Schlinger and another, respondents. Arthur T. Smith, special guardian.


HARRY G. HERMAN, S.

The surviving spouse of the decedent has instituted this proceeding for a construction of the will pursuant to section 145 of the Surrogate's Court Act, and for a determination pursuant to section 145-a thereof, as to the validity of a notice of election and recorded pursuant to section 18 of the Decedent Estate Law.

The sole question presented for determination is whether or not a trust under the will of testator with the...

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