In re the Estate of Schoenfelder

Wingate, S.

As is pointed out in the able memorandum of the attorney for the executor, the operation of section 200 of the Surrogate’s Court Act produces a somewhat anomalous result on the very unusual facts of the present case.

Unquestionably the underlying theory motivating the enactment was the award of the essential necessities for continuation of the family unit. The reason for the statute, however, becomes immaterial, if the effectuation of the unmistakable terms of the act comes in conflict therewith, and the remedy for the condition, if the question is of sufficient importance to…