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MATTER OF SCHWARTZKOPF

205 Misc. 1027 (1954)

In the Matter of The Estate of Benjamin Schwartzkopf, Deceased.

Surrogate's Court, Kings County.

May 25, 1954.

Attorney(s) appearing for the Case

Jacob Kirschenbaum for Rose Schwartz, petitioner.

Louis Rothenberg for Albert M. Cohen and another, as executors of Benjamin Schwartzkopf, deceased.

Nathaniel L. Goldstein, Attorney-General (Kenneth Shearer of counsel), in his statutory capacity under section 12 of Personal Property Law and section 113 of Real Property Law.

RUBENSTEIN, S.

This proceeding was instituted by the widow of the decedent under section 145-a of the Surrogate's Court Act. Her right to elect to take against the will has been sustained by prior decision.* Upon the entry of a decree thereon the petitioner seeks both costs and an allowance under section 278 of the Surrogate's Court Act, claiming that the proceeding involved construction...

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