Legal Opinion

In re the Estate of Stavin

New York Surrogate's Court

Decided March 10, 1976PublishedCited by 1 opinion

1Opinion of the CourtMillard L. Midonick, J.

This request for a will construction is made by the surviving wife of one of the two duly qualified coexecutors named in the will of the testatrix, Esther V. Stavin.

In her petition the wife alleges that under a proper reading of article Fifth of the will she is entitled to succeed her late husband Maurice Stavin as coexecutor of the estate.

Article Fifth provides as follows: • "I nominate, constitute and appoint my sons, Cecil Stavin and Maurice Stavin, or the survivors or survivor of them, to be my Executors or Executor of this my Last Will and Testament. In the event my son Cecil *1057Stavin…

2Cases cited4 opinions

  1. Haug v. . SchumacherNew York Court of Appeals · 1901
  2. In Re the Estate of SchrieverNew York Court of Appeals · 1917
  3. In re the Estate of ZalaznickNew York Surrogate's Court · 1973
  4. In re the Probate of the Last Will & Testament of CoudertAppellate Division of the Supreme Court of the State of New York · 1912

3Cited by1 opinion

  1. In re the Estate of StavinAppellate Division of the Supreme Court of the State of New York · 1977

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