MATTER OF GANS


134 Misc.2d 426 (1986)

In the Matter of The Estate of Anna M. F. Gans, Deceased.

Surrogate's Court, New York County.

May 19, 1986


Attorney(s) appearing for the Case

Haight, Gardner, Poor & Havens (Theodore M. Sysol and John M. Toriello of counsel), for petitioner. Russo, Fusco, Scano, Scamardella & Fredreck (Robert Scamardella of counsel), for Robert L. Gans, respondent. Joel B. Miller for Bertrand B. Gans, respondent.


MARIE M. LAMBERT, S.

In this accounting proceeding, the trustee has petitioned for a construction of the will as well as to judicially settle the final account. The construction question raised is whether or not a child born out of wedlock to the son of the testatrix is entitled to inherit under the class of individuals referred to as "issue".

The will in question was executed on May 13, 1930 and probated...

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