MATTER OF WALKER


64 N.Y.2d 354 (1985)

In the Matter of The Estate of James J. Walker, Deceased. Mary A. W. Narita et al., Appellants; Richard H. Bernstein, Individually and on Behalf of Warshaw Burstein Cohen Schlesinger & Kuh, Respondents.

Court of Appeals of the State of New York.

Decided February 14, 1985.


Attorney(s) appearing for the Case

Bertram E. Hirsch for appellants.

Jay A. Kranis and Barbara L. Levine for respondents.

Chief Judge WACHTLER and Judges MEYER and KAYE concur with Judge SIMONS; Judge JASEN dissents and votes to reverse in a separate opinion; Judge ALEXANDER taking no part.


SIMONS, J.

Petitioners, Mary Ann Walker Narita and James J. Walker, II, are the adopted children of former Mayor James J. "Jimmy" Walker of New York City and beneficiaries of his estate. They instituted this will construction proceeding to obtain two adoption decrees in respondents' possession which they claim were bequeathed to them by their father and which identify their natural mother or mothers.

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