MATTER OF KAHN


60 Misc.2d 512 (1969)

In the Matter of The Estate of Algie R. Kahn, Deceased.

Surrogate's Court, Broome County.

June 24, 1969


Attorney(s) appearing for the Case

Hinman, Howard & Kattell (James M. Hayes of counsel), for Charles L. Reynolds, petitioner. Frank M. Chupp, guardian ad litem for Mark L. Van Vorce and others, infants, respondents.


JOHN M. KEANE, S.

This construction proceeding has been transferred by the Supreme Court pursuant to SCPA 501 to the Surrogate's Court.

Nature abhors a vacuum, according to the high school physics books of a generation ago, and since no will exists in a vacuum, the facts involved here are significant. The decedent, Algie R. Kahn, being about 57 years old, died August 26, 1911. Her will, which had been executed on November 10, 1909, was admitted...

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