Schwartz Estate

Argued October 6, 1949. Ferdinand Schwartz died March 20, 1948, testate, appointing as his "Executor" his daughter by a former marriage, Rose Weinberg, and her husband, Samuel. The latter renounced, but the daughter did not. The holographic will of the testator referred throughout to the testator's "executor" (singular number), and Gizella Schwartz, his widow (apparently believing that Samuel Weinberg was the only executor), obtained letters c. t. a. in the estate of Ferdinand Schwartz. She continued to operate decedent's small store, which carried some tobacco but principally a stock of…