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MATTER OF SCHWABACHER

202 Misc. 15 (1952)

In the Matter of The Estate of Wolfgang S. Schwabacher, Deceased.

Surrogate's Court, New York County.

May 26, 1952.

Attorney(s) appearing for the Case

Hays, Wolf, Schwabacher, Sklar & Epstein for Harold K. Guinsburg, as executor of Wolfgang S. Schwabacher, deceased, petitioner.

Chauncey H. Levy, special guardian for Christopher C. Schwabacher, an infant, respondent.

FRANKENTHALER, S.

The question raised herein is whether a child born subsequent to the execution of his father's will and not mentioned therein is entitled to the protection afforded by section 26 of the Decedent Estate Law. The will was executed on April 17, 1941. Three years prior thereto, the deceased had amended certain life insurance policies upon his life so as to provide for payment of the proceeds to...

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