Appellate Division of the Supreme Court of New York, 1955

In re the Construction of the Will of Reich

In re the Construction of the Will of Reich
Appellate Division of the Supreme Court of New York · Decided May 9, 1955
285 A.D. 1162; 140 N.Y.S.2d 373; 1955 N.Y. App. Div. LEXIS 7016
In re the Construction of the Will of Reich

Opinion of the Court

Cross appeals from a decree of the Surrogate’s Court, Queens County, adjudging a widow to be entitled to elect to take her share of an estate as in intestacy, directing the widow to account for and to pay over certain rents, making other directions, and granting *1163allowances. Decree modified on the facts by reducing the allowance to the special guardian to $250. As so modified, decree unanimously affirmed, without costs. In our opinion, the allowance to the special guardian, under the circumstances, is excessive. Present — Nolan, P. J., Wenzel, MacCrate, Schmidt and Murphy, JJ.

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