MATTER OF CRAMM


27 A.D.2d 8 (1966)

In the Matter of The Estate of Fannie Cramm, Deceased. Rosemarie Di Metro, as General Guardian of Anthony Di Metro, Jr., Appellant; Angelina Doyle, as Administratrix of The Estate of Fannie Cramm, Deceased, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 22, 1966.


Attorney(s) appearing for the Case

Miller & Hornstein (Howard B. Hornstein, Stewart T. Schantz and Arnold E. Wallach of counsel), for appellant.

John R. Davison and Michael Nardone for respondent.

GIBSON, P. J., REYNOLDS, STALEY, JR., and BRINK, JJ., concur.


HERLIHY, J.

Appeal by a devisee from a decree of Surrogate's Court, Ulster County, which determined that certain fire insurance proceeds are to be treated as part of the testatrix' residuary estate.

This case was instituted by an order to show cause of the administratrix with the will annexed to determine the ownership of a fire insurance proceeds check in the sum of $17,250.

The facts upon which...

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