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MATTER OF BOGART

62 Misc.2d 114 (1970)

In the Matter of The Estate of Mary E. Bogart, Deceased.

Surrogate's Court, Kings County.

February 10, 1970

Attorney(s) appearing for the Case

McMahon & Lyons (Wrenn & Schmid of counsel), for Reginald V. Bergen, administrator c.t.a. of estate of deceased executrix, petitioner. Burke & Burke for administrators c.t.a. of estate of a deceased nephew of testatrix. C. H. Tunnicliffe Jones for two grandnieces and a great-grandnephew of testatrix. Broderick, Galway & Vaccaro for administrator c.t.a. of the estate of a deceased nephew of testatrix. Wingate & Cullen for grandnieces and others. Kane, Kessler & Proujansky for executor of deceased grandniece of testatrix.

NATHAN R. SOBEL, S.

This construction proceeding raises what has become the most frequently recurring issue in the law of future estates: whether a remainderman whose right to possession is postponed to let in an intervening life estate must survive the life beneficiary in order to take the principal of the fund.

A recent decision of this court dealt with a named remainderman (Matter of Young...

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