MATTER OF LEARY


48 Misc.2d 852 (1965)

In the Matter of The Estate of Anna Leary, Deceased.

Surrogate's Court, Westchester County.

December 31, 1965


Attorney(s) appearing for the Case

Frankenthaler & Kohn (George Frankenthaler, Henry Kohn and Martin J. Herman of counsel), for petitioner. Rusk, Rusk & Feeney (Nathaniel F. Bedford of counsel), for Edward Farrelly and others, respondents. Eli Ratner for Joseph G. Slevin and others, respondents. Louis J. Lefkowitz, Attorney-General (Arnold N. Klein and Harold Borgwald of counsel), for State of New York. John J. Breen, Public Administrator of the County of Westchester, respondent in person. James B. Reap, special guardian.


HARRY G. HERMAN, S.

The question before the court in this accounting proceeding is whether eight persons, alleged to be first cousins, once removed, are the sole distributees of the decedent, who died on April 2, 1963. If Edward de Laureal Slevin, a first cousin born in 1865, survived the decedent, he would be the sole distributee, and the entire net distributable estate would be paid to him or deposited to his credit pursuant to section 273 of the Surrogate...

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