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MATTER OF KOSEK

31 N.Y.2d 475 (1973)

In the Matter of The Estate of Osvald Kosek, Deceased. Milena Petrofova et al., by Wolf, Popper, Ross, Wolf & Jones, Appellants; Marvin J. Ross, Individually and as Executor of Osvald Kosek, Deceased, Respondent.

Court of Appeals of the State of New York.

Decided February 14, 1973.

Attorney(s) appearing for the Case

Wolf, Popper, Ross, Wolf & Jones (Robert J. Silberstein, Elliot Pecker and Vito J. Cassan of counsel), for appellants.

Marvin J. Ross for respondent.

Judges BURKE, JASEN, GABRIELLI, JONES and WACHTLER concur; Judge BREITEL taking no part.

Chief Judge FULD.

Osvald Kosek was a Czechoslovakian refugee who, after his property had been confiscated by the Czechoslovakian communist government, had come to this country some time prior to 1957. He died in 1960, leaving a will in which he bequeathed his estate — having a value of about $50,000 — in trust for the benefit of his niece, Milena Petrof-ova, and her son, his grandnephew, Ivan Petrof...

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