MATTER OF FISHMAN


115 Misc.2d 871 (1982)

In the Matter of The Estate of Sidney Fishman, Deceased.

Surrogate's Court, Nassau County.

October 4, 1982


Attorney(s) appearing for the Case

Landau, Berkowitz & Nostrand for petitioner. Paul Weiss for respondent.


C. RAYMOND RADIGAN, J.

In this construction proceeding the court is required to resolve an apparent conflict in the will as to whether a named successor executor-trustee has priority over the designee selected by a deceased executor-trustee pursuant to a power in the will. The provisions in question provide:

"THIRTEENTH: A. I hereby appoint my wife, MIRIAM FISHMAN, my brother-in-law, SAMUEL J. PENN, and my accountant, IRVING MARGULIS, as executors...

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