Legal Opinion
In re the Accounting of Levine
New York Surrogate's Court
Decided July 3, 1957Published
1Opinion of the Court
Christopher C. McGrath, S.
The application to reopen the proceeding to judicially settle the account of the executor and the application to construe the will of the testatrix are consolidated.
The court is satisfied upon the proof adduced in open court that the legatee, Pincus Grynspan, never existed and that the legatees, Perla Katz, Bywka Grynspan and Tobalia Grynspan predeceased the testatrix.
As a result of the nonexistence of the legatee, Pincus Grynspan, the amount of his legacy falls into the residue (Riker v. Cornwell, 113 N. Y. 115). However, as to the shares of the above-named persons…
2Cases cited5 opinions
- Riker v. . CornwellNew York Court of Appeals · 1889
- In re the Estate of OwenNew York Surrogate's Court · 1932
- In re the Estate of HoneNew York Surrogate's Court · 1936
- In re the Open, Vacate & Set Aside a Decree of this Court, Dated February 8, 1927, Granting Letters of Administration to HoneAppellate Division of the Supreme Court of the State of New York · 1937
- In re ClarkeAppellate Division of the Supreme Court of the State of New York · 1909