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SMITS v. TEACHERS' RET. SYS.

48 Misc.2d 911 (1965)

Edna F. Smits, Plaintiff, v. Teachers' Retirement System of the City of New York, Defendant.

Supreme Court, Special Term, Kings County.

December 7, 1965

Attorney(s) appearing for the Case

Donald E. Byrne for plaintiff. Leo A. Larkin, Corporation Counsel, for defendant.

OLIVER D. WILLIAMS, J.

Plaintiff is the widow of Theodore A. Smits and the legal representative of his estate. She commenced this action to compel the defendant to take back the sum of $82,751.64 paid to her as executrix of her husband's estate and then pay over said sum to her individually as beneficiary. She claims that this should be done so as to avoid unnecessary taxes and expenses.

The only issue...

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