MATTER OF KAPLAN


50 A.D.2d 429 (1976)

In the Matter of The Estate of Frank Kaplan, Deceased. Gerald L. Minkoff et al., Appellants; Rose Kaplan et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 15, 1976


Attorney(s) appearing for the Case

Carey, LaRocque & Piasecki (Dominick J. Viscardi of counsel), for Gerald L. Minkoff, appellant.

Solomon Block for Rosalyn Minkoff, appellant.

King, Murphy & Fitzsimmons (James A. Murphy of counsel), for Rose Kaplan and others, respondents.

Plumadore & Plumadore for Max Minkoff, respondent.

Abelove, Siegel, Abelove & Hester (C. Louis Abelove of counsel), for Harriet Kaplan, respondent.

Grant S. Young (Joseph J. Schinder of counsel), for George Kaplan and others, respondents.

KOREMAN, MAIN and REYNOLDS, JJ., concur with KANE, J.; HERLIHY, P. J., dissents and votes to reverse in a separate opinion.


KANE, J.

Frank Kaplan died on February 23, 1974, survived by 4 nephews, 10 nieces and 1 grandniece. In a purported will, dated July 17, 1972, he left his entire estate in equal shares to a nephew and niece, the appellants herein, naming the nephew as his executor. When this instrument was offered for probate, objections were duly filed by other distributees and a jury trial was directed by the Surrogate on framed...

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