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MATTER OF LEVENTRITT

92 Misc.2d 598 (1977)

In the Matter of The Estate of Edgar M. Leventritt, Deceased.

Surrogate's Court, New York County.

December 1, 1977

Attorney(s) appearing for the Case

Battle, Fowler, Lidstone, Jaffin, Pierce & Kheel (Gerald J. Fields and Edward L. Peck of counsel), for petitioner. Debevoise, Plimpton, Lyons & Gates (Theodore A. Kurz of counsel), for Rosalie L. Berner, individually, respondent. Rembar, Wolf & Curtis (Mortimer B. Wolf of counsel), for adopted children of Marion V. Leventritt, respondents. Satterlee & Stephens (Paul J. Powers and Robert M. Callagy of counsel), for trustees.

ARTHUR E. BLYN, S.

This proceeding presents the ever-recurring question of the rights of nonmarital children to inherit from their fathers.

At the outset the court wishes to express criticism of the use of the word "illegitimate" as applied to children. Not only is this term, when used in connection with children, repugnant to this court but its use in any local law, ordinance or resolution or in any...

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