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MATTER OF LEVY

199 Misc. 751 (1950)

In the Matter of The Estate of Daniel Levy, Deceased.

Surrogate's Court, New York County.

November 15, 1950.

Attorney(s) appearing for the Case

David L. Charal for Rebecca Waller, petitioner.

N. William Welling for Daniel Levy and another, as executors of Daniel Levy, deceased, respondents.

FRANKENTHALER, S.

The beneficiary of an annuity seeks to compel the executors to pay to her the capital sum required to purchase the annuity. The testator died on February 28, 1950. Section 47-b of the Decedent Estate Law, reads: "If a person hereafter dying shall direct in his will the purchase of an annuity, the person or persons to whom the income thereof shall be directed to be paid shall not have the right...

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