MATTER OF SCHLOSSER


73 Misc.2d 380 (1973)

In the Matter of The Estate of Abraham Schlosser, Deceased.

Surrogate's Court, Kings County.

April 20, 1973


Attorney(s) appearing for the Case

Samuel Slosser for Frances Kaplan and another, petitioners. Bernard Harkavy for Casreal Finkel and another, objectants. Louis J. Lefkowitz, Attorney-General (William Roberts of counsel), for ultimate charitable beneficiaries.


NATHAN R. SOBEL, S.

The law assistants in this and other courts as well as one of the parties question the directions given by me in a prior decision in the above estate dated March 9, 1973. Since the problem is a recurring one, it is worth discussion.

The problem is: How is the elective share of a surviving spouse computed when there are also nontestamentary benefits constituting testamentary substitutes...

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