MATTER OF BERNSTEIN


185 Misc.2d 493 (2000)

713 N.Y.S.2d 454

In the Matter of the Estate of ABRAHAM BERNSTEIN, Deceased.

Surrogate's Court, Bronx County.

August 31, 2000.


Attorney(s) appearing for the Case

Mark S. Hamburgh for petitioners.

McMillan, Rather, Bennett & Ragano, P. C. (Donald J. Farinacci of counsel), for Ellen Mandell and others, respondents.

Abraham N. Kleinman for Linda Friedman and others, respondents.

Kevin B. Faga, guardian ad litem.


OPINION OF THE COURT

LEE L. HOLZMAN, J.

In this proceeding for a construction of Article FOURTH of the decedent's will, the principal question presented is whether the term "survivors" is a term of like import to "the term `heirs,' `heirs at law,' `next of kin'" (EPTL 2-1.1) and, consequently, is required under EPTL 2-1.1 to be construed as meaning the distributees of the decedent's predeceased brother. In the event that such a construction is mandated by...

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