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MATTER OF COHEN

198 Misc. 466 (1950)

In the Matter of the Accounting of Harlan Brodley et al., as Executors of Sam Cohen, Deceased.

Surrogate's Court, New York County.

February 27, 1950.

Attorney(s) appearing for the Case

Morris Goldstein for executors, petitioners.

Sadie Baris Tursk for Freda Reiss and another, respondents.

Philip Novick for Bialystoker Home for the Aged, respondent.

Isabel Joffe, special guardian for Judith J. Murphy, an infant, respondent.

Nathaniel L. Goldstein, Attorney-General (Corning G. McKennee of counsel), in his statutory capacity under section 12 of the Personal Property Law and section 113 of the Real Property Law.

COLLINS, S.

In connection with their final accounting the executors request a construction of certain paragraphs of the will and codicil of the decedent. The court holds that under paragraph eleventh of the will and article third of the codicil, Isidore Levy is entitled to receive a legacy of $500. Either his promissory note was paid during the lifetime of the decedent or it is forgiven by the provision in the...

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