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MATTER OF EMBERGER

31 A.D.2d 651 (1968)

In the Matter of The Estate of Conrad Emberger, Deceased. Helen Eklund et al., Appellants-Respondents; Edward A. Broderick, as Administrator of The Estate of Elizabeth R. Emberger, Deceased, Respondent-Appellant

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

December 23, 1968

No opinion.

Munder, J., dissents in part, as indicated in the following memorandum, and otherwise concurs.

On March 7, 1940, when the testator was 68 years old and his wife, Elizabeth, 60, he made provision by way of an Equitable Life Assurance Society annuity contract for the monthly payment of $100 to them jointly or to the survivor. They were then living in a one-family dwelling in Queens Village, owned by them as tenants by the entirety. Living...

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