MATTER OF ANONYMOUS


204 Misc. 1045 (1953)

In the Matter of the Estate of Anonymous.

Surrogate's Court, New York County.

November 10, 1953.


Attorney(s) appearing for the Case

Robert Hoffman for petitioner.

Marvin J. Ross, special guardian for infant, respondent.


FRANKENTHALER, S.

The issue raised herein is whether a person alleged to be illegitimate is entitled to the benefit of section 29 of the Decedent Estate Law, the "anti-lapse" statute, as a "child" of a legatee. By his will which has heretofore been admitted to probate, decedent bequeathed $2 to each of two brothers, his sole heirs and next of kin, similar amounts to an uncle and a nephew, and the residue to a sister who was also nominated executrix. The...

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