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MATTER OF FISCHER

282 A.D. 367 (1953)

In the Matter of the Accounting of Maurice Heller, as Executor of Morris A. Fischer, Deceased, Appellant-Respondent. Gussie Fischer et al., Respondents-Appellants; Samuel J. Krinn, Special Guardian for Eric Flanders and Others, Infants, Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

July 7, 1953.

Attorney(s) appearing for the Case

Joseph Epstein for appellant-respondent.

Samuel J. Krinn, special guardian for Eric Flanders and others, infants, respondent-appellant in person.

William Sonenshine of counsel (Joseph J. Kozinn with him on the brief; Travis S. Levy, attorney), for respondents-appellants.

DORE, J. P., COHN, BREITEL and BERGAN, JJ., concur.

CALLAHAN, J.

The testator, Morris A. Fischer, died May 5, 1951, survived by his widow, four children, his mother, a brother and other kin. His estate amounts to $152,000. His will was admitted to probate on February 8, 1952.

The will, so far as pertinent, provides as follows:

"First. * * * I give, bequeath and devise to my brother Joseph Fischer all my right, title and interest in the following...

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