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MATTER OF BERNSTEIN

92 Misc.2d 228 (1977)

In the Matter of The Estate of Ephraim R. Bernstein, Deceased.

Surrogate's Court, New York County.

November 16, 1977

Attorney(s) appearing for the Case

Schonbrun & Rudolph (Donald M. Kresge of counsel), for petitioners. Perry Marshall Bernstein, respondent pro se. Joseph T. Arenson for Public Administrator of New York. Peter C. Valente, guardian ad litem. Stephen M. Latimer, trustee.

ARTHUR E. BLYN, S.

This proceeding presents the question as to whether there can be an implied renunciation. It arises in an application by alleged contingent remaindermen to compel delivery of property pursuant to SCPA 2105. The petitioners, Alice Ruth Mendelson and Albert H. Bernstein, are children of the testator, who died on December 13, 1957, leaving a will which was admitted to probate in this court on...

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