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MATTER OF HILLOWITZ

22 N.Y.2d 107 (1968)

In the Matter of The Estate of Abraham Hillowitz, Deceased. Selma Wernick et al., as Executors of Abraham Hillowitz, Deceased, Respondents; Mary Hillowitz, Appellant.

Court of Appeals of the State of New York.

Decided May 16, 1968.

Attorney(s) appearing for the Case

Bernard Meyerson and Harry Z. Kaufman for appellant.

Robert A. Smith and Floyd Jaffee for respondents.

Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN concur with Chief Judge FULD; Judge KEATING concurs in result in the following memorandum: I concur in reversal but find it difficult to distinguish McCarthy v. Pieret (281 N.Y. 407), and am not prepared to overrule that authority. I prefer to rest reversal on the ground that respondent widow is entitled to interest in the partnership by right of survivorship as set forth in the second opinion of the Surrogate ().

Chief Judge FULD.

This appeal stems from a discovery proceeding brought in the Surrogate's Court by the executors of the estate of Abraham Hillowitz against his widow, the appellant herein. The husband had been a partner in an "investment club" and, after his death, the club, pursuant to a provision of the partnership agreement, paid the widow the sum of $2,800, representing his interest in the partnership. ...

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