MATTER OF KLITENIK


53 Misc.2d 955 (1967)

In the Matter of The Estate of Fannie Klitenik, Also Known as Feiga Chaia, Deceased.

Surrogate's Court, Kings County.

June 1, 1967


Attorney(s) appearing for the Case

Hyman L. Rutman for executrix. Sharinn, Stahl & Wolinetz for objecting distributees. J. Lee Rankin, Corporation Counsel (Milton Weinberg and John Rufe of counsel), for City of New York. Henry Solomon, special guardian, for infant distributees.


EDWARD S. SILVER, J.

On this executrix' final accounting, three of testatrix' statutory distributees, her daughter and two grandchildren, have appeared and contend the testamentary provision in favor of the City of New York is in violation of section 17 of the Decedent Estate Law and is invalid to the extent that testatrix has bequeathed more than one half of her net estate to a charitable corporation.

The testatrix died on April 22, 1965 leaving...

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