MATTER OF ESTATE OF ESTHER V. STAVIN


85 Misc.2d 1056 (1976)

In the Matter of The Estate of Esther V. Stavin, Deceased.

Surrogate's Court, New York County.

March 10, 1976


Attorney(s) appearing for the Case

Andrea Stavin Hayman and Alan I. Hayman for Ethel K. Stavin, petitioner. Abbie Goldstein for Cecil Stavin, respondent.


MILLARD L. MIDONICK, J.

This request for a will construction is made by the surviving wife of one of the two duly qualified coexecutors named in the will of the testatrix, Esther V. Stavin.

In her petition the wife alleges that under a proper reading of article Fifth of the will she is entitled to succeed her late husband Maurice Stavin as coexecutor of the estate.

Article Fifth provides as follows: "I nominate, constitute and appoint...

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