MATTER OF MESSNER


48 Misc.2d 602 (1965)

In the Matter of The Estate of Kathryn G. Messner, Deceased.

Surrogate's Court, New York County.

December 10, 1965


Attorney(s) appearing for the Case

Chapman & Burke for Philip Wittenberg, executor. Newman & Newman for Jane Muller, petitioner.


S. SAMUEL DI FALCO, S.

The sole question raised in this application to compel the executor to account, is whether the petitioner is entitled to her annuity from the date of the decedent's death or from the first of the month following the issuance of the annuity contract. In article sixteenth of the will, the decedent bequeathed to each of the four persons therein named an annuity in the amount set opposite their respective names to be paid in monthly...

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