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  5. 199 Misc. 677 (1950)
 

MATTER OF POPPITZ

199 Misc. 677 (1950)

In the Matter of the Accounting of Emma Ruege, as Sole Surviving Executrix, and Emma Ruege et al., as Executors of Theodore F. Sanders, Deceased Executor of Pauline Poppitz, Deceased.

Surrogate's Court, Kings County.

November 9, 1950.

Attorney(s) appearing for the Case

I. Leonard Cohen for sole surviving executrix, petitioner.

James W. Feely for Edward Brandt, as administrator of the estate of Annie Brandt, deceased, respondent.

Edward B. Schulkind, special guardian for missing legatees.

Titus H. Konther for Metropolitan Lutheran Innermission Society and another.

William H. Wach for German Masonic Home Corp.

McDermott, Turner & Hart for Trustees of Masonic Hall and Asylum Fund.

Pressinger & Wigg for Chapin Home for the Aged and Infirm.

Paul G. Gravenhorst Wartburg for Orphans' Farm School and another.

Louis Charles Wills for Industrial Home for the Blind.

RICHARDSON, S.

In this proceeding to settle the account of the executors, a determination is sought that the four legatees named in paragraph "Fifth" of testatrix' will predeceased her, leaving no issue surviving testatrix, and that the legacies given thereunder lapsed and are distributable as part of the residuary estate.

The testatrix died October 12, 1929, upwards of seventy-eight years of age. Her...

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