MATTER OF BORAX


60 Misc.2d 645 (1969)

In the Matter of The Estate of Herman Borax, Deceased.

Surrogate's Court, New York County.

September 11, 1969


Attorney(s) appearing for the Case

Carb, Luria, Glassner, Cook & Kufeld and Finkel, Nadler & Goldstein for petitioners.


SAMUEL J. SILVERMAN, S.

A question as to the applicability of SCPA 315, the virtual representation statute, is presented. The question is whether in this accounting proceeding decedent's son James may be said virtually to represent his infant son, decedent's grandson, Hugh, so as to avoid the necessity to make the infant a party or appoint a guardian for him.

The most difficult question arises under Article Eighth of the will which for present...

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