MATTER OF THOENS


88 Misc.2d 1006 (1975)

In the Matter of The Estate of Bess Thoens, Deceased.

Surrogate's Court, New York County.

March 11, 1975


Attorney(s) appearing for the Case

Robert Konove for Victor Rizika, claimant. Gerald Moss for Laurencia Matthews and others, contestants. Kramer & Kaprow, Philip A. Limpert and Philip A. Limpert, Jr., for preliminary executors. Chamberlain, Willi & Ouchterloney for New York Infirmary, a residuary legatee. McGovern & Dawson (Joseph A. Cox of counsel), for Catholic Charities of the Archdiocese of New York, a residuary legatee.


S. SAMUEL DI FALCO, S.

This is an application by the preliminary executors in a probate proceeding to dismiss a claim asserted against the estate. This claim to one half of the estate was made by the claimant simultaneously with his opposition to a decree approving a compromise agreement which would dispose of a heavily litigated protracted will contest. Under several wills of the decedent, including this last will, he would be entitled to a $20,000 legacy...

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