MATTER OF REICHSTEIN


78 Misc.2d 787 (1974)

In the Matter of The Estate of Fred Reichstein, Deceased.

Surrogate's Court, Nassau County.

July 25, 1974


Attorney(s) appearing for the Case

Weinstock, Davis, Kressel & Rothlein, P. C., for petitioner. Abraham H. Lee, guardian ad litem.


JOHN D. BENNETT, S.

In this probate proceeding, a construction has been requested. The will directs that the residuary estate be given to the testator's wife, Theresa, and in the event of a common disaster, to Irma Baolto, the testator's daughter. Theresa's death occurred prior to the testator's but the will contains no provision to cover this contingency. The disposition of the estate is further complicated by the following paragraph of the will: "FIFTH...

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