MATTER OF FULLER


57 Misc.2d 174 (1968)

In the Matter of The Estate of Nancy A. Fuller, Deceased.

Surrogate's Court, New York County.

July 2, 1968


Attorney(s) appearing for the Case

Barrett Knapp Smith & Schapiro for W. Mason Smith and another, executors.


SAMUEL J. SILVERMAN, S.

A question as to the applicability of the virtual representation statute, SCPA 315, has arisen in this probate proceeding.

A codicil to the testator's will makes a bequest of $20,000 to a nonrelative and consequently the residuary estate and all persons sharing therein are adversely affected by the codicil and must be cited as to the probate of the codicil. The question is whether minor great-grandchildren are virtually...

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