In re the Estate of Thoens — 41 N.Y. 823

Majority

p. 823

In the Matter of the Estate of Bess Thoens, Also Known as Bessie Thoens, Deceased. Victor Rizika, Appellant; Barnet Kaprow et al., Respondents.

Argued January 4, 1977;

decided February 8, 1977

p. 824

Robert Konove and Ronald L. Konove for appellant.

Barnet Kaprow, Philip A. Limpert, Philip A. Limpert, Jr., and Gerald Moss for preliminary executors and others, respondents.

Joseph A. Cox and Robert E. Steinberg for Catholic Charities of the Archdiocese of New York, respondent.

Richard A. Watson for New York Infirmary, respondent.

Order affirmed, with costs payable personally by claimant, on the opinion by former Surrogate S. Samuel Di Falco.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.