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ROSENZWEIG v. BANK OF NEW YORK

64 A.D.2d 599 (1978)

Simon Rosenzweig, as Conservator of the Property of Sonia Alden, Conservatee, Petitioner, v. Bank of New York et al., Respondents. Louis L. Friedman, Appellant, and Simon Rosenzweig et al., Respondents

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

July 20, 1978

As aptly noted in Matter of Jessen (37 A.D.2d 408-409): "Strictly speaking, the will is not property, nor can it be described as an asset of the incompetent's estate which his committee has a duty to take into its possession. On the other hand, it is a document which the testator is entitled to possess as well as to dispose of and make directions in regard to. Where the testator by virtue of incompetency can no longer exercise these...

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